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Colonial and State Records of North Carolina
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Minutes of the Board of Trade of Great Britain
Great Britain. Board of Trade
January 17, 1759 - December 12, 1759
Volume 06, Pages 67-75

[B. P. R. O. B. T. Journals. Vol. 67.]
BOARD OF TRADE JOURNALS.


Wednesday January 17th 1759
Present
Mr. Oswald.
Mr. Jenyns.
Mr. Hamilton.
Mr. Sloper.

Read a letter from Arthur Dobbs Esq, Govr of North Carolina to the Board dated 30 April 1758 respecting the raising of troops for the public service & inclosing

Gov. Dobbs Speech to the Council & Assembly.

Address of the Council to the Governor

Govrs Answer to the Council's address.

Address of the Assembly to the Govr

Govrs Answer to the Assembly's Address

Proclamation for a public fast

Copy of the Journal of the Council in Nov & Dec. 1757.

Journal of the Upper House of Assembly from 22 Nov. to 14 Dec. 1757.

Journal of Assembly from 22 Nov. to 14 Dec. 1757.

Reports of the Committee of both Houses appointed to examine & state the public accompts in Novr Session 1757


Thursday. January 18th 1759.

Their Lordships took into consideration the following Acts passed in the Province of North Carolina together with Sir Matthew Lamb's Reports thereupon Viz:—

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An Act to provide indifferent jurymen in all causes Criminal and Civil and for an allowance for the attendance of Jurors attending at the Supreme Courts passd Janry 1755.

An Act to restrain the exportation of bad and unmerchantable tobacco and for preventing frauds in His Majesty's Customs. Passed January 1755.

An Act for appointing Parishes and Vestries for the encouragement of an Orthodox Clergy for the advancement of the Protestant religion and for the direction of the settlement of Parish accounts. Passed Janry 1755.

It appearing to their Lordships that the Law for appointing Parishes and Vestries &c might operate to the prejudice of and interfere with the ecclesiastical jurisdiction of the Bishop of London, the Secretary was ordered to send his Lordship a copy thereof for his sentiments upon it.

Ordered that the Secretary do transmit a copy of the Act to restrain the exportation of bad & unmerchantable tobacco &c. to the Secretary to the Commissrs of the Customs and desire him to lay it before the Board to the end their Lordships may be informed whether the said Act does or does not affect or interfere with His Maj Revenue of Customs or Regulations made for the importation of tobacco into this Kingdom.


Tuesday. January 23rd 1759.

Their Lordships took into consideration an Act passed in the Province of North Carolina entitled an Act to quiet the Freeholders in the possession of their Lands and for other purposes and it appearing that the provisions of this Act were in substance the same as the provisions for the like purpose contained in an Act passed some time before entitled An Act for securing the payment of Quit Rents due to His Majesty and Earl Granville for quieting the Freeholders in the possession of their lands and for other purposes which Act had a clause in it suspending its execution until His Majesty's pleasure could be Known whereas this Act by the terms of it is to take effect immediately upon its passing their Lordships ordered the draught of a Representation to His Majesty to be prepared proposing that it may for that reason receive His Maj. disallowance.


Wednesday. January 24th 1759.

The draught of a Representation to His Maj. proposing the repeal of an Act passed in North Carolina in 1755 for quieting possessions

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&c. having been prepared pursuant to Order was agreed to and ordered to be transcribed—and was signed Janry 31stst

Their Lordships took into consideration the following Laws passed in the Province of North Carolina, viz:—

An Act for establishing the Supreme Courts of Justice Oyer and Terminer & General Gaol Delivery of North Carolina passed in 1754.

An Act for establishing County Courts for enlarging their Jurisdiction and settling the proceedings therein Passed in 1754.

An Act for appointing Sheriffs and directing their duty in Office and for compelling Collectors of public taxes and persons entrusted with laying out public money to apply and account for the same Passed in 1755.

An Act for regulating Orphans their Guardians and Estates Passed in 1755.

An Act for to amend an Act for establishing the Supreme Courts of Justice Oyer and Terminer and General Gaol delivery of North Carolina Passed in 1756.

Ordered that the Secretary do transmit the said Laws together with that for providing indifferent Jurymen in all causes Civil and Criminal &c. mentioned in the Minutes of the 18th inst to the Chief Justice and Attorney General of that Province now resident here & desire them to meet together and after due consideration of the said Laws to report to their Lordships their opinion thereupon.


Tuesday. February 20th 1759.

Read a letter from Mr. Wood Secretary to the Commrs of the Customs dated Febry 17th 1759 to Mr. Pownall containing the opinion of the said Commrs upon an Act of North Carolina to restrain the exportation of bad & unmerchantable tobacco and for preventing frauds in His Maj. Customs.

Their Lordships took the said Act into further consideration and agreed that the same should lye until the further operation and effect of it might be known.

Read a letter from the Lord Bishop of London dated Fulham 19 February 1759 containing his observations upon an Act of North Carolina for appointing Parishes & Vestries &c. stating the measures he had taken for regulating & ascertaining ecclesiastical and episcopal jurisdiction in the Colonies & inclosing Some Considerations humbly offered to the King in Council by Thomas Bishop of London relating to ecclesiastical Government in His Maj. Dominions in America.

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Their Lordships took into consideration the above mentioned Act of North Carolina for appointing Parishes and Vestries &c. and after some time spent therein ordered the draught of a Representation to His Majesty to be prepared proposing its repeal.—which was agreed to and ordered to be transcribed Febry 21st and was signed Febry 27th


Tuesday. February 27th 1759.

Read a Report of the Chief Justice and Attorney General of North Carolina upon several laws of that Colony referred to their consideration on the 24th Janry last

Ordered that the said Report & Laws be taken into further consideration on Tuesday 6th March and that the Secretary do give notice to the Chief Justice and Attorney General to attend on that day.


Tuesday. March 6th 1759

Their Lordships took into further consideration the Report of the Chief Justice and Attorney General of North Carolina upon several laws passed in that Province since Govr Dobbs administration and the Chief Justice and Attorney General attending as desired they were called in and their Lordships had some discourse with them upon the subject matter of the said Laws

It appearing that no notice was taken in their Report of two of the Laws referred to them Viz: that for appointing Sheriffs & that for regulating Orphans their Guardians and Estates the said Laws were redelivered to them and they were desired to consider thereof and report their opinion thereupon to the Board and then they withdrew.


Friday. March 16th 1759.

Read a Memorial of the Merchants of London & others interested in & trading to the Province of North Carolina complaining of two Acts passed there in 1748 & 1754 for emitting Paper Bills of Credit

Ordered that the said Memorial be taken into consideration on Thursday 22d inst. and that the Secretary do give notice thereof to the Merchants and desire their attendance on that day.


Wednesday. March 28th 1759
Present Earl of Halifax
Mr. Rigby
Mr. Jenyns.
Mr. Hamilton.
Mr. Sloper.
The Auditors of His Maj. Revenue in America

Their Lordships took into consideration the Memorial of the Merchants of London & others interested in & trading to the Province

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of North Carolina complaining of two Acts passed there in 1748 and 1754 for emitting Paper Bills of Credit and several Merchants & others interested in the said Province attending without they were called in and their Lordships having heard what they had to offer upon the subject matter of the said Memorial they withdrew.

Their Lordships after some time spent in the consideration of this affair ordered the draught of a Representation to His Majesty to be prepared proposing that an additional instruction should be sent to the Governor of North Carolina directing him to recommend to the Council and Assembly to pass an Act for amending the said Laws of 1748 and 1754 by making provision that all debts due upon contract for sterling money before they were passed shall be dischargeable in sterling money only and that all debts contracted since or hereafter to be contracted for sterling money be made payable in the said Bills of Credit (if the Creditor is willing to accept the same and not otherwise) not according to the nominal value but according to the actual difference of exchange between such paper bills of credit and sterling money at the time of making such payment and further that provision be made that the Paper Bills of Credit issued by virtue of the said Laws or any Laws hereafter to be passed for issuing Paper Bills of Credit be expressly declared not to be a legal tender in payment of His Maj. Quit Rents or any other His Majesty's Revenue.


Tuesday April 3rd 1759.

The draught of a Representation to His Majesty upon the Memorial of the Merchants of London and others interested in and trading to North Carolina complaining of two Acts passed there in 1748 & 1754 for emitting Paper Bills of Credit having been prepared pursuant to Order was agreed to & ordered to be transcribed—and was signed April 10th

Read a Report of the Chief Justice and Attorney General of North Carolina (without date) upon two Acts passed in North Carolina in 1755 the one for appointing Sheriffs and directing their duty in Office &c. the other for regulating Orphans their Guardians and Estates.

Their Lordships took the said Report and Acts into consideration together with several other Acts passed in the said Province for establishing and regulating Courts and Administration of Justice mentioned in the Minutes of 24th Janry last and after some time spent

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therein ordered the draught of a Representation to His Maj. to be prepared proposing that the following Acts may be repealed Viz:

An Act for establishing the Supreme Courts of Justice Oyer and Terminer and General Gaol Delivery of North Carolina. Passed in 1754.

An Act for establishing County Courts for enlarging their jurisdiction and settling the proceedings therein. Passed in 1755.

An Act to provide indifferent jurymen in all causes criminal and civil and for an allowance for the attendance of Jurors attending at the Supreme Courts. Passed in 1755.

An Act to amend an Act for establishing the Supreme Courts of Justice Oyer and Terminer and General Gaol Delivery of North Carolina. Passed in 1756.

An Act for regulating Orphans their Guardians and Estates. Passed in 1755.

Read a letter from Arthur Dobbs Esq. Gov: of North Carolina dated 20 Dec. 1758 inclosing

Gov. Dobbs Speech to the Council and Assembly.

Council's Address to Govr Dobbs

Assembly's Addres to Do

Titles of Twenty Acts passed in North Carolina Dec. 1758.


Tuesday April 10th 1759.

The draught of a Representation to His Majesty proposing the Repeal of several Acts passed in North Carolina in 1754 1755 and 1756 having been prepared pursuant to order was agreed to and ordered to be transcribed—and was signed 12th of April.


Wednesday April 25th 1759.

Read a letter from Arthur Dobbs Esq. Govr of North Carolina dated Brunswick 22d Janry 1759 containing a variety of matters respecting the proceedings of the Council & Assembly and the state of the Province in general and inclosing

Reports of the Committees of both Houses of Assembly held at Edenton to examine state & settle the public accounts of this Province the 25th day of Novr 1758.

Reports of the Committee of Public Claims held at Edenton Monday Nov. 27. 1758


Tuesday May 22nd 1759.

Letter to Mr. Secretary Pitt desiring that he would move His Majesty that Benjamin Turner may be appointed Naval Officer of

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North Carolina in the room of Benjamin Wheatley deceased and inclosing Warrant in the usual form in case His Majesty shall approve such recommendation was signed


Wednesday May 23rd 1759.

Read an Order of the Lords of the Commtee of Council for Plantation Affairs dated 26th April 1759 approving a Representation of this Board upon a Memorial of the Merchants of London and others trading to and interested in the Province of North Carolina in which they complain of two Acts passed there in 1748 & 1754 for issuing Paper Bills of Credit and directing the Draught of an Additional Instruction conformable thereto to be prepared.

The Draught of an Additional Instruction to the Govr of North Carolina containing directions with respect to the subject matter of the said Complaint having been prepared was agreed to & ordered to be transcribed as was also the Draught of a Report to the Lords of the Committee of Council thereupon.


Thursday May 24th 1759.

The Draught of a Report to the Lords of the Committee of Council with the Draught of an Additional Instruction to the Governor of North Carolina, authorizing him to recommend it in His Majesty's name to the Council & Assembly to pass an Act for amending two Acts passed in 1748 and 1754 mentioned in yesterday's Minutes was signed.


Friday. June 1st 1759.

Their Lordships took into consideration the several letters received from the Governor of North Carolina since the Board's last letter to him and the Draught of a letter to him in answer thereto was agreed to transcribed and signed.


Tuesday. June 19th 1759

Read a Petition of Thomas Child Esqre appointed Attorney Genral of North Carolina in 1745 stating his intention of speedily going over to that Province and praying that he may have his Maj. license to resume and exercise his Office of Attorney General upon his arrival

Ordered that the said Petition be taken into consideration tomorrow morning and that Mr. Child be desired to attend.


Wednesday June 20th 1759.

Their Lordships took into further consideration Mr. Child's Petition mentioned in yesterday's Minutes and Mr. Child attending as

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desired their Lordships had some discourse with him thereupon and then he withdrew and a question arising whether his Commission of Attorney General of North Carolina was not expired by its own limitation it was ordered that the Draught of a Representation to His Majesty should be prepared proposing that he may have a new appointment—which was agreed to, transcribed and signed June 21st


Wednesday July 18th 1759.

Their Lordships then took into consideration an Act passed in the province of North Carolina in Dec. 1757 intituled

An Act to dock the entail of certain lands now in possession of Harding Jones under a devise in the Will of Frederick Jones Esq. his Grandfather deceased by whom the same were entailed. together with Sir Matthew Lamb's Report thereupon and ordered the draught of a Representation to His Majesty to be prepared proposing that it may be confirmed.—which was agreed to, transcribed and signed July 24th


Wednesday July 25th 1759.

Read a letter from Arthur Dobbs Esq. Govr of North Carolina to the Board dated 18 May 1759 respecting his refusing his assent to the Aid Bill and observations upon two other Acts passed & inclosing

Address of the Council to the Governor

Address of the Assembly to Governor Gov. Dobbs' Speech to the Assembly upon their prorogation

A Bill for granting an aid to His Majesty to augment the Troops now in the pay of this Province &c.

Minutes of Council from 26 Novr to 23 Dec. 1758.

Minutes of Assembly from 23 Novr to 23 Dec. 1758

Minutes of Council in Assembly from 23 Nov to 23 Dec. 1758.

Five Acts passed the 4th May and twenty passed the 22 Dec. 1758.

Ordered that the said Acts be sent to Sir Matthew Lamb for his opinion upon them in point of law.

Ordered that the draught of a letter to the Govr of North Carolina in answer to the above be prepared.—which was agreed to, transcribed and signed on August 1st


Wednesday. August 1st 1759.

Their Lordships took into consideration the following Acts passed in North Carolina, Georgia and Jamaica together with Sir Matthew Lamb's Reports thereupon, viz:

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An Act to empower the Justices of the Supreme Courts to take the acknowledgement or proof of deeds & for allowing them a Salary Passed in North Carolina in Dec. 1757.

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and after some time spent therein Representations to His Majesty praying that the said Acts of Georgia may be approved and those of North Carolina and Jamaica disallowed, were signed.


Wednesday December 12th 1749.

Read a letter from Arthur Dobbs Esqre Govr of North Carolina to the Board dated 11th Sept. 1759 acknowledging the receipt of their Lordships letter of 1 June and of His Maj. Order repealing the seven Acts—giving a state of the Council and inclosing

Journal of the Upper House of Assembly from 23rd Nov. to 23 Dec. 1758.

Journal of the Lower House of Assembly from the 8th to the 18th of May 1759.