Board of Trade
and Plantations

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1761


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Journal of the

Board of Trade and Plantations

London, England
January 1761

Wednesday, January 7, 1761

Read a letter from Benjamin Green, Esquire, Treasurer of Nova Scotia, to the Secretary, dated 19th October, 1760, inclosing:

Estimate of the civil establishment of Nova Scotia, for the year 1761.

Abstract of the state of the civil establishment of Nova Scotia, in the year 1759.

Thursday, January 8, 1761

The Secretary laid before the Board a memorial prepared by the agent for Nova Scotia to be presented to the Lords Commissioners of the Treasury, praying that the sum of four thousand, four hundred and twenty five pounds, four shillings and nine pence may be issued to him to discharge certain demands on account of the civil establishment of that colony; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury, for their lordships' directions upon it.

Tuesday, January 13, 1761

Read a letter from Mr. West, Secretary to the Lords of the Treasury, to Mr. Pownall, dated the 12th of January, 1761, signifying his Majesty's commands, that this Board should prepare and lay before the House of Commons an estimate of the charges of maintaining and supporting the settlement of his Majesty's Colony of Nova Scotia for the year 1761; and the said estimate having been prepared accordingly, was agreed to, and ordered to be transcribed; and Mr. Hamilton was desired to present it to the House of Commons.

The Secretary laid before the Board the following Orders of the House of Commons, viz.
"Martis 13o die Januarii, 1761.

"Ordered: That there be laid before this House an account of the money paid, and charges incurred, by supporting and maintaining the settlement of his Majesty's Colony of Nova Scotia, from the first of January, 1759, to the 31st of December following.

"Ordered: That there be laid before this House an account of the money paid, and charges incurred by supporting and maintaining the settlement of his Majesty's Colony of Nova Scotia, from the first of January, 1760, to the 31st of December following."

Whereupon Mr. Hamilton was desired to report to the House of Commons, that these orders cannot at present be complyed with, by reason the proper officers in the said colony have not transmitted any account of the expenditure, or any vouchers for the payment of money for the years 1759 and 1760; but that as soon as the accounts and vouchers shall have been received, the accounts shall be made up with all possible dispatch, and laid before the House.

Read a memorial of Robert Sanderson, Esquire, late Speaker of the Assembly of Nova Scotia, specifying the several grievances and abuses in the administration of government there, which have come to his knowledge.

Ordered, that the said memorial be taken into further consideration on Tuesday next, and that notice be given to Mr. Sanderson to attend the Board on that day.

Wednesday, January 14, 1761

Read a memorial of Robert Sanderson, Esquire, late Speaker of the Assembly of Nova Scotia, specifying the several grievances and abuses in the administration of government there, which have come to his knowledge...

Ordered, that the said memorial be taken into further consideration on Tuesday next, and that notice be given to Mr. Sanderson to attend the Board on that day.

Friday, January 16, 1761

Their lordships took into consideration several parts of Mr. Sanderson's memorial, specifying grievances and irregularities in the administration of the government of Nova Scotia; and Mr. Mauger, lately arrived from that colony, and whose name is mentioned in the said memorial, was examined as to several facts stated therein.

Ordered, that the further consideration of this memorial, appointed for Tuesday next, be postponed to Wednesday, the 21st instant.

Wednesday, January 21, 1761

Their lordships, pursuant to the minutes of the 16th instant, took into further consideration the memorial of Mr. Sanderson, late Speaker of the Lower House of Assembly of the Province of Nova Scotia; and Mr. Sanderson attending without, was called in; and having informed their lordships, that he did not present his memorial as an accusation or matter of complaint made by him in his own person against any officers or persons in the government of Nova Scotia; but as containing facts respecting the government of that province, which he had collected and thrown together at the request and for the information of the Board; the memorial was read article by article; and their lordships having heard what Mr. Sanderson had to offer thereupon, and also examined Captain Taggart of the Province Snow Halifax, lately arrived from Halifax, as to several facts stated in the said memorial with respect to the Province sloops and vessels, and to the granting out the lands appropriated for a common for the use of the inhabitants of Halifax, Mr. Sanderson presented a paper containing the names of several persons and the titles of several papers, to which he referred for proof of the several facts stated in each article of his memorial; and then Mr. Sanderson being withdrawn, their lordships agreed to take this memorial into further consideration tomorrow morning, and Mr. Sanderson was desired to attend.

Thursday, January 22, 1761

Their lordships took Mr. Sanderson's memorial into further consideration; and Mr. Sanderson attending without, was called in, and acquainted, that the Board had very fully considered each article of his memorial; and that it appeared to their lordships, that the facts stated in some of these articles had reference merely either to injuries and injustice received by particular persons in their liberty and property, in which cases this Board could give no redress, or to complaints of misconduct in the GovernorNOTE 1, who, being dead, could neither defend himself, if innocent, or be punished, if guilty; and therefore that an examination into these facts could neither tend to the prosperity of the colony, to the publick œconomy in point of expence, to the redress of injuries, or to the punishment of the guilty, which were the great objects their lordships should have in view in the further consideration of this matter; and when it appeared, that all or any of these ends were in any degree attainable by an examination into the allegations of the memorial, their lordships would proceed in it with the utmost attention, and be glad to receive every light that could be produced either by the information of persons, or papers.

NOTE 1:  Governor Charles Lawrence died in Halifax
on 19 October 1760.  After his death, the Board of Trade
ordered an investigation into complaints against him.
He was criticized for approving excessively large land
grants and concealing of the true cost of his land policy,
but was exonerated from the most serious charges after
an investigation by Chief Justice Jonathan Belcher.

[This note does not appear in the original Board of Trade records.]


Their lordships then stated very fully to Mr. Sanderson their observations upon each article, distinguishing what could and what could not, in their lordships' judgment, be proceeded upon by way of examination; observing however, that even in some of those cases, where an examination would not answer any of the above mentioned salutary purposes, yet it might be proper; and their lordships should think it their duty fully to inform the President of the Council of Nova Scotia with the representation, which had been made of injuries, partiality and oppression in the former administration, and to exhort him to exert his utmost endeavours to support the inhabitants of the colony in their just rights and possessions, and to take care, that justice was duly and impartially administered in all cases whatever.

Mr. Sanderson was then acquainted, that the articles of the memorial, which their lordships thought proper to enter into an examination of, were the 7th, 13th, 14th, 15th, 16th, 17th and 18th, and that their lordships should proceed therein on Wednesday next, the 28th instant  [postponed, vide Nova Scotia Entry F, folio 19],  when he was desired to attend; and the Secretary was ordered to summon the several persons referred to by Mr. Sanderson for proof of the facts stated in those articles.

Friday, January 23, 1761

Read the following letter and papers received from the President of the Council and Commander in Chief of the Province of Nova Scotia, viz.

Letter from Jonathan Belcher, Esquire, dated December 12th, 1760, giving the Board an account of the progress made in the new townships and other matters relative to the intended settlements, and recommending one Mary Webb, a convict, to mercy.

State of the expence for the new settlements and roads.

State of the new settlements in Nova Scotia, 1760.

Measures proposed for the further progress of the settlements in Nova Scotia.

Account of expences incurred for transportation, etc. of settlers into the Province of Nova Scotia.

Letter from Mr. Gerrish, Commissary for Indian Commerce, to the Hon. Jonathan Belcher, Esquire, President of the Council and Commander in Chief of Nova Scotia.

Invoice of sundrys for supply of the Indians, November 17th, 1760.

Account current, relating to Indian commerce of Nova Scotia, November 17th, 1760.

Account current, relating to Indian commerce of Nova Scotia, 29th November, 1760.

Abstract of the supplies to the truckhouses;NOTE 2 of the receipts therefrom; and the balances due, December 5th, 1760.

NOTE 2:  Truckhouses were government-run trading posts,
each operated by a government-appointed truckmaster who
was responsible for providing the government with a regular
detailed accounting (supplies received, receipts, balances
owing, current inventory, etc.) of the business transacted.
They were a rudimentary form of what we might call a
“department store,” that stocked supplies – such as blankets,
tobacco, gunpowder and shot – that the Indians wanted to
obtain in exchange for their furs.  For protection, truckhouses
with their valuable inventories often were located at or near
forts.  Sometimes they were called “factories”.

[This note does not appear in the original Board of Trade records.]


Records of the Council of Nova Scotia between the 22nd of April, 1760, and the 12th of November following.

Minutes of the Council in General Assembly from 8th September to the 27th of the same month, 1760.

Votes of the House of Assembly from 8th to 27th September, 1760.

Twenty Acts passed in the Province of Nova Scotia on 27th September, 1760.

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


Journal of the

Board of Trade and Plantations

London, England
February 1761

Thursday, February 5, 1761

Ordered, that Mr. Sanderson's memorial, stating several grievances and abuses in the administration of the government of Nova Scotia, which was appointed to have been considered on Wednesday, the 28th of January, be taken into consideration on Tuesday next, the 10th instant; and that the Secretary do give notice thereof to the several persons ordered to attend on the said 28th.

The Secretary laid before the Board a memorial prepared by the agent for the Settlement of Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the sum of one thousand, one hundred and ninety eight pounds, one shilling, may be issued to him out of the grant of Parliament for the service of Nova Scotia, to discharge several demands on account of that service; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury for their lordships' directions upon it.

Tuesday, February 10, 1761

Their lordships took into consideration Mr. Sanderson's memorial, stating several grievances and abuses in the administration of the government of Nova Scotia; and Mr. Sanderson attending, was called in, and their lordships then proceeded to an examination into the allegations contained in the 7th, 13th, 14th, 15th, 16th, 17th and 18th articles of his memorial; and the persons referred to by Mr. Sanderson for information upon the particulars of each article attending without, were severally called in and examined; and their lordships having gone through the whole, Mr. Sanderson withdrew.

Wednesday, February 11, 1761

Their lordships took into further consideration Mr. Sanderson's memorial, stating several grievances and abuses in the administration of the government of Nova Scotia; and Mr. Green, the Treasurer of the Colony, attending, their lordships had some conversation with him upon the subject of that article, which relates to his conduct in reference to the contracts for farming the rum duties, and for the furnishing live cattle from New England; the result of which was, that their lordships ordered a copy of that article to be delivered to him, in order that he might give in his answer thereto in writing.

The draught of a letter to Mr. Secretary Pitt, inclosing an extract of a letter from Mr. Belcher, President of the Council of Nova Scotia, dated December 12th, 1760, relating to Mary Webb, a convict for murder, was agreed to, transcribed and signed.

Tuesday, February 17, 1761

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Corbyn Morris,NOTE 3 Esquire, may be continued agent for the Islands of Newfoundland and Cape Breton, and the Province of Nova Scotia; and inclosing a warrant for that purpose.

NOTE 3:  In December 1745, Corbyn Morris was appointed
King’s Agent for Newfoundland, Cape Breton, and Nova Scotia.
His Commission was in the form of letters patent under the
royal sign manual, countersigned by the Duke of Newcastle
(the brother of the Prime Minister of Great Britain).  Corbyn
Morris, agent for the islands of Newfoundland and Cape Breton
and for the province of Nova Scotia or Acadie, with full power, etc.,
to aid and protect all merchants and other the King’s subjects
there, their goods, ships, trade, etc., it having been represented
that it would greatly contribute to the advance of the King’s
subjects in the said places that an agent should be appointed for
said islands and province, and the King being very desirous to
give all due encouragement to the trade and commerce of the same.
—Source: Warrants for Minor Appointments, 4 Dec 1745.

[This note does not appear in the original Board of Trade records.]


Wednesday, February 18, 1761

Their lordships took into consideration the state of his Majesty's Colony of Nova Scotia; and several minutes were taken preparatory to a letter to the Commander in Chief of the said colony.

Thursday, February 19, 1761

Their lordships took into further consideration the state of his Majesty's Colony of Nova Scotia; and several preparatory minutes having been taken, the draught of a letter to Mr. Belcher, Commander in Chief of the said colony, was ordered to be prepared.

Tuesday, February 24, 1761

The Secretary laid before the Board a paper delivered to him by Alexander McNutt, who had been concerned in some of the new settlements in Nova Scotia, containing some proposals for making further settlements in that colony.  Mr. McNutt attending was called in; and, after some conversation had with him upon the subject matter of his proposals, he was desired to prepare a memorial, stating the places in Nova Scotia, where he proposed to make his settlements, the quantity of lands he desired, the number of persons he proposed to settle in proportion to the quantity; and the terms and conditions of cultivation, to which he would propose to be bound; and then he withdrew.

Friday, February 27, 1761

Mr. Alexander McNutt attending without was called in, and laid before their lordships the following proposals for introducing settlers into his Majesty's Province of Nova Scotia, viz.

McNutt's New Township Grants

That each and every family to be introduced by Mr. McNutt into Nova Scotia shall be entitled to and receive upon arrival in the colony a grant under the province Seal of a lot or share of lands, of the same quantity and in the same proportion as those which have been granted to families settled in the new townships of Horton, Cornwallis and Falmouth in the said province, under the Governor's proclamation of the 11th day of January, 1759; and that Mr. McNutt shall also be entitled to and receive a grant for his own benefit of one hundred acres of land for every five hundred acres so to be granted, as a reward for his merit in this service.

That the lands so to be granted be laid out in townships, consisting of one hundred thousand acres of land to each township, in such parts of the province as Mr. McNutt shall choose, where the lands shall not have been under actual settlement, or surveyed and allotted to other persons, at the time of the arrival of the settlers to be introduced by Mr. McNutt.

That the grantees of the lands shall be bound by the terms of their patents to the following and no other conditions of quit rent and cultivation, viz. That for every fifty acres of land so to be granted a quit rent of one shilling sterling per annum shall be paid to his Majesty, his heirs and successors for ever, the first payment to commence and be made at the expiration of ten years from the date of the grant.

That for every fifty acres of land accounted plantable, each patentee shall be obliged, within three years after the date of his patent, to clear and work three acres at the least, in that part of his tract which he shall judge most convenient and advantageous; or else to clear and drain three acres of swampy or sunken grounds; or drain three acres of marsh, if any such be within the bounds of his grant.

That for every fifty acres of land accounted barren every patentee shall be obliged to put and keep on his land, within three years after the date of his grant, three neat cattle or six hogs, which number he shall be obliged to continue on his land, until three acres for every fifty be fully cleared and improved.

That if any person shall take up a tract of land, wherein there shall be no part fit for present cultivation without manuring and improving the same, every such grantee shall be obliged, within three years from the date of his grant, to erect on some part of his land one good dwellinghouse after the manner of Nova Scotia building, to contain at least twenty feet in length and sixteen feet in breadth, and also to put thereon the like number of three neat cattle or six hogs for every fifty acres.

That if any person, who shall take up any stoney or rocky grounds, not fit for planting or pasture, shall within three years after the passing of his grant, begin to employ thereon, and so to continue to work for three years then next ensuing, in digging any stone quarry, or coal, or other mine, one good and able hand for every hundred acres of such tract, it shall be accounted a sufficient cultivation and improvement.

That every three acres which shall be cleared and worked, as aforesaid, and every three acres, which shall be cleared and drained, as aforesaid, shall be accounted a sufficient seating, planting, cultivation and improvement to save for ever from forfeiture fifty acres of land in any part of the tract contained in the same patent; and the patentee shall be at liberty to withdraw his stock, or to forbear working in any quarry or mine in proportion to such cultivation and improvement as shall be made upon the plantable lands, or upon the swamps, sunken grounds and marshes which shall be included in the same patent.

That when any person, who shall hereafter take up and patent any land, shall have seated, planted, cultivated or improved the said land, or any part of it, according to the directions and conditions above mentioned, such patentee may make proof of such seating, planting, cultivation and improvement in the general court, or in the court of the county, district or precinct, where such land shall lie, and have such proof certified to the Register's Office, and there entered with the record of the said patent, a copy of which shall be admitted on any trial, to prove the seating and planting of such land.

That, in order to ascertain the true quantity of plantable and barren land contained in each grant hereafter to be made with his Majesty's said province, in all surveys hereafter to be made, every surveyor shall take particular notice, according to the best of his judgment and understanding, how much of the land so surveyed is plantable, and how much of it is barren and unfit for cultivation, and accordingly insert in the survey and plot by him to be returned into the Register's Office, the true quantity of each kind of land.

That the clause in the grants already made to settlers in the new townships of Horton, Cornwallis and Falmouth, by which the claims of any persons under former grants are reserved, may not be inserted in the grants, it having occasioned doubts and suspicions in the minds of the settlers, which have operated very much to discourage the settlements.

Their lordships, upon consideration of the foregoing proposals, were of opinion that they were just and reasonable, and ordered the draught of a representation to his Majesty to be prepared, proposing that the Governor of Nova Scotia may be instructed to make grants of lands in that province to Mr. McNutt and his associates upon the terms and conditions contained in the said proposals.

The draught of a letter to Mr. Belcher, Commander in Chief of the Province of Nova Scotia, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Ordered, that a copy of the proceedings of the Board on Mr. McNutt's proposals for introducing settlers into his Majesty's Province of Nova Scotia, be transmitted to Mr. Belcher.


Journal of the

Board of Trade and Plantations

London, England
March 1761

Tuesday, March 3, 1761

The draught of a letter to Mr. Belcher, President of the Council and Commander in Chief of the Province of Nova Scotia, having been transcribed pursuant to order, was signed.

Wednesday, March 4, 1761

Read a letter from Jonathan Belcher, Esquire, President of the Council and Commander in Chief of Nova Scotia, to the Board, dated 21st December, 1760, acquainting the Board with the loss of the Province brigantine, the Montague; desiring directions as to the powers of government for preventing contagious distempers; and inclosing,
Copy of a Bill to prevent the spreading contagious distempers.

Ordered, that the Secretary do examine, what laws have been passed and approved of in other his Majesty's Colonies in America, for preventing the spreading of contagious and infectious distempers, and lay the same before the Board, as soon as conveniently may be.

Read a memorial of Benjamin Green, Esquire, Treasurer and Naval Officer of the Province of Nova Scotia, in answer to the articles of charge exhibited against him in the memorial of Mr. Sanderson, stating several abuses and grievances in the administration of the government of Nova Scotia.

Mr. Green attending without was called in; and their lordships observed to him, that, upon a full consideration of his memorial, they were of opinion, that his conduct, as an officer of the Crown, in reference to the contracts stated in Mr. Sanderson's memorial, was highly blameable, and that it was their duty to express their dissatisfaction thereat; but that as his conduct in every other respect as a servant of the publick had been irreproachable, they did not think it necessary to take any further steps therein for the present, hoping that he would be more cautious and attentive to his duty for the future.

Mr. Green acquainted the Board, that the late Governor of Nova Scotia had, sometime before his death, upon the request of a joint Committee of the Council and House of Representatives of Nova Scotia, advanced a sum of one thousand, six hundred and eighty one pounds, fifteen shillings and nine pence of the publick money, to enable the province to pay the bounties granted by an Act of the Legislature for the benefit of the fishery and cultivation, upon condition that the same should be repaid out of the growing duties imposed by Act upon spirituous liquors; but that the said sum had not yet been repaid.  Whereupon it was ordered, that the Secretary should write to Mr. Belcher, to desire he will take all proper measures for the recovery of the said sum of one thousand, six hundred and eighty one pounds, fifteen shillings and nine pence, agreeable to the condition upon which it was lent; and that he do, as soon as possible, discharge all demands on account of service in Nova Scotia to the death of the late Governor, to the end that the accounts may be made up and transmitted home.

The draught of a representation to his Majesty upon the proposals made by Mr. McNutt for introducing settlers into the Province of Nova Scotia, having been prepared pursuant to order, was agreed to, and ordered to be transcribed.

Thursday, March 5, 1761

The draught of a representation to his Majesty upon Mr. Alexander McNutt's proposals for introducing settlers into the Province of Nova Scotia, having been transcribed pursuant to order, was signed.

Wednesday, March 11, 1761

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Sir William Johnson, bart., may be continued agent for the affairs of the Six United Nations of Indians and their confederates, in the northern parts of America, and inclosing a warrant for that purpose.

Representation to his Majesty, proposing that Jonathan Belcher, Esquire, may be continued Chief Justice of the Province of Nova Scotia.

Thursday, March 12, 1761

The Secretary, pursuant to order, laid before the Board several laws passed and approved of in the Colonies of Georgia, South Carolina, and Bermuda, for preventing the spreading of contagious distempers.  Upon consideration of which it was agreed, that the said laws should be sent to Mr. Belcher, President of the Council and Commander in Chief of Nova Scotia, in order to enable him to judge what regulations may be proper to be made in the like case in the Province of Nova Scotia; and a letter to him containing their lordships' sentiments and directions upon this subject, was signed.

Tuesday, March 17, 1761

The following representations to his Majesty and letters to Mr. Secretary Pitt of recommendations of persons for vacant governments and other offices in America, were agreed to, transcribed and signed, viz.

A representation to his Majesty, proposing that Robert Monckton, Esquire, may be appointed Governor of the Province of New York, vacant by the resignation of Sir Charles Hardy, late Governor of that Province; Cadwallader Colden, Esquire, Lieutenant Governor, and Benjamin Pratt, Esquire, Chief Justice of the said Province; and Jonathan Belcher, Esquire, Lieutenant Governor of the Province of Nova Scotia, in the room of the said Robert Monckton, Esquire.

Representation to his Majesty, proposing that Henry Ellis, Esquire, may be appointed Governor of the Province of Nova Scotia in the room of Charles Lawrence, Esquire, deceased, and James Wright, Esquire, to be Governor of the Province of Georgia in the room of the said Henry Ellis.


Journal of the

Board of Trade and Plantations

London, England
April 1761

Wednesday, April 1, 1761

The Secretary laid before the Board twenty four Orders of his Majesty in Council, approving the Board's recommendation of the following persons to be governors and other officers in America, and directing the proper Commissions, warrants and draughts of instructions to be prepared, viz.

Henry Ellis, Esquire, Governor of Nova Scotia; Jonathan Belcher, Esquire, Lieutenant Governor; Jonathan Belcher, Esquire, Chief Justice of the said province.

Robert Monckton, Esquire, Governor of New York; Cadwallader Colden, Esquire, Lieutenant Governor; Benjamin Pratt, Esquire, Chief Justice; and John Tabor Kemp, Esquire, Attorney General of the said province...

Ordered, that the draughts of general instructions, and of those relating to the observance of the laws of trade be prepared for the Governors of Nova Scotia, New York, New Jersey, South Carolina and Leeward Islands.

Friday, April 10, 1761

The Secretary acquainted their lordships with the directions he had given pursuant to an order of the Board of the 11th of February last, for the sale of the Snow Halifax, late in the service of the Province of Nova Scotia, and at the same time laid before their lordships a letter he had received from Messrs. Devonshire and Strettele, agents at Cork for the sale of the said vessel, containing a state of their proceedings and inclosing an account of the money arising from the said sale and of what had been paid on account of wages due to the master and ship's company of the said vessel.

Ordered, that a copy of the said letter and account be delivered to the Treasurer of Nova Scotia, to the end that it may be placed upon the publick accounts of the colony and the ballance due to the master of the vessell, for which he had improperly drawn upon the Secretary, be duly discharged.

Read a letter from Dr. Bearcroft, Secretary to the Society for the Propogation of the Gospel in Foreign Parts, to Mr. Pownall, dated 31st of March last, inclosing the extract of a letter to him from the Society's missionary at Lunenburgh in Nova Scotia, relating to the ruinous condition of the church there.

Ordered, that the Secretary do transmit a copy of the said letter and extract to the Commander in Chief of the Province of Nova Scotia, to the end that he may recommend the repairing the church at Lunenburgh to the consideration of the legislature there.

Tuesday, April 14, 1761

Tuesday, April 14, 1761 Their lordships then took into consideration twenty one Acts passed in the Province of Nova Scotia in December, 1759, together with Sir Matthew Lamb's report thereupon; and the said Acts having been severally read, as also Sir Matthew Lamb's report, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the following Act should be declared void, viz. An Act to prevent the importing disabled, infirm and other useless persons into this province.

It was further ordered, that the draught of a letter to the Commander in Chief of Nova Scotia should be prepared, acquainting him that their lordships' sentiments upon the Act for preventing private trade with the Indians, are the same as those expressed in the Board's letter to him of the 3rd of March last, and also signifying to him their disapprobation of the law for raising money to build a market house by lottery, and forbidding him to assent to any law of that nature for the future.

Wednesday, April 15, 1761

The draught of a representation to his Majesty, proposing the repeal of an Act passed in the Province of Nova Scotia in December, 1759, for preventing the importation of disabled, infirm and other useless persons, having been prepared pursuant to order, was agreed to, transcribed and signed.

Their lordships then took into further consideration an Act passed in the said province at the same time, entituled, An Act to enable Proprietors to divide lands held in common and undivided and several material objections appearing to their lordships against the said Act, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the said Act may be declared void.

Friday, April 17, 1761

The draught of a letter to the Commander in Chief of Nova Scotia, containing their lordships' sentiments upon several laws passed in that province in 1759, having been prepared pursuant to order, was approved, and ordered to be transcribed; as was also a representation to his Majesty, proposing the repeal of an Act of the said province passed at the same time, for enabling Proprietors to divide lands held in common, etc.

Tuesday, April 21, 1761

The draught of a letter to the Commander in Chief of Nova Scotia, containing their lordships' sentiments upon several laws passed in that province in 1759, having been transcribed pursuant to order, was signed; as was also a representation to his Majesty proposing the repeal of an Act passed in that province at the same time, for enabling Proprietors to divide lands held in common.

Friday, April 24, 1761

The Secretary laid before the Board a draught of heads of enquiry, relative to the state of his Majesty's Plantations in America, prepared pursuant to order, to be transmitted to the respective Governors of the said plantations; and the said draught having been approved, with several alterations and additions, it was ordered, that fair copies should be made thereof for each colony, and the draught of a letter, to accompany the said heads of enquiry, having been also prepared, was approved and ordered to be transcribed.


Journal of the

Board of Trade and Plantations

London, England
May 1761

Wednesday, May 6, 1761

The Secretary laid before the Board the following Orders of his Majesty in Council, viz. Nova Scotia.

Order of his Majesty in Council, dated the 30th of April, 1761, repealing an Act passed in Nova Scotia in January, 1760, entituled, an Act to enable Proprietors to divide their lands held in common and undivided.

Order of his Majesty in Council, dated 30th April, 1761, repealing an Act passed in Nova Scotia in March, 1760, entituled, an Act to prevent the importing disabled, infirm and other useless persons into this province.

Ordered, that the said orders be forthwith transmitted to the Governor of Nova Scotia, together with copies of their lordships' representations upon the Acts thereby repealed.

Tuesday, May 19, 1761

Read an Order of his Majesty in Council, dated the 8th day of May, 1761, signifying that his Majesty had ordered the Advocate General and the Advocate of the Admiralty to prepare draughts of Commissions for tryal of pirates in the Plantations; and directing this Board to present to his Majesty the names of such persons, as they shall think fit and proper to be such commissioners.

Ordered, that the draught of a representation to his Majesty thereupon be prepared, conformable to what has been the practice heretofore in like cases.


Journal of the

Board of Trade and Plantations

London, England
June 1761

Tuesday, June 16, 1761

Read the following letters and papers received from the Lieutenant Governor of Nova Scotia, viz.

Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated 10th April, 1761, acknowledging the receipt of the Board's letter of the 31st of October, 1760, inclosing the Order of the Lords of the Council, notifying the death of his late Majesty, and for proclaiming the King, etc.; giving an account of the proceedings respecting the new settlements and of the expences necessarily incurred, etc. and inclosing,

Proclamation for proclaiming his present Majesty.

Return of elections as made by the Provost Marshall.

The present state of the new settlements in Nova Scotia.

Bills of exchange drawn by the Honourable Jonathan Belcher, Esquire, on the agent for the Province of Nova Scotia.

Treasury book of vouchers for money paid, from 30th September, 1760, to January, 1761.

Records of his Majesty's Council, between the 22nd April, 1760, and 12th November following.

Minutes of Council, between the 12th of November, 1760, and the 1st of April, 1761.

Minutes of the proceedings of his Majesty's Council in General Assembly, from 8th September, 1760, to the 27th of the same month.

Votes of the House of Assembly from the 4th of December, 1759, to the 8th of September following.

Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated 14th April, 1761, informing them that numbers of Acadians still remain in the distant parts of the province, who have not made their submission, and inclosing,

A minute of the Council of the 14th April, 1761, containing their opinion how far it may be adviseable to dispose of the said Acadians.

Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated 16th April, 1761, respecting the proposals of contractors for furnishing the commissary with several commodities necessary for the Indian trade, and inclosing,

Copy of the proposals offered to Jonathan Belcher, Esquire, by Mr. Alexander Grant, for a contract to furnish the supplies for the Indian trade.

Do. by Mr. Francklin and Mr. Woodmass.

Copy of the report of the committee appointed for considering the proposals made by Messrs. Grant, Francklin and Woodmass.

Copy of Mr. Grant's contract, and also of his bond.

Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated 17th April, 1761, inclosing,

Copy of a letter from him to His Excellency, General Amherst, dated 15th April, 1761, respecting the hostile designs of the numerous body of Acadians at Restigouch and the neighbouring parts.

Ordered, that copies be made of such of the abovementioned letters and papers, as relate to the dangers to which the province is exposed from the hostile intentions of the Acadians collected together in different parts of it, to be laid before his Majesty, and that the draught of a letter to Mr. Secretary Pitt thereupon be prepared.

Ordered, that the draught of a letter to Mr. Belcher in answer to those received from him, be prepared.

Wednesday, June 17, 1761

The draught of a letter to Mr. Secretary Pitt, inclosing copies of several letters and papers received from the Lieutenant Governor of Nova Scotia, respecting the danger to which the province is exposed from numbers of Acadians collected together in different parts of it, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Their lordships took into consideration the state of his Majesty's Council in Nova Scotia, and ordered the draught of a representation to his Majesty to be prepared, proposing that Alexander Grant, Edmund Crawley, Henry Newton and Michael Francklyn, may be appointed to supply the vacancys in the said Council.

The Secretary laid before the Board two letters which he had received from Captain Taggart, late master of the Snow Halifax, one of the vessels belonging to the Province of Nova Scotia, with an account of the expences he had been at in bringing some publick dispatches from Cork to London, returning to Cork to dispose of the said vessell and afterwards coming back to London.

Ordered, that the said account be delivered to the agent for the Settlement, to the end that the amount thereof may be inserted in the next application, which he shall make to the Lords Commissioners of the Treasury, on account of expences incurred for the service of that province.

Friday, June 19, 1761

Friday, June 19, 1761 The draught of a letter to Mr. Secretary Pitt, inclosing copys of several letters and papers received from the Lieutenant Governor of Nova Scotia, respecting the danger to which that province is exposed from numbers of Acadians collected together in different parts of it, having been transcribed pursuant to order, was signed.

The draught of a representation to his Majesty, with draughts of general instructions and of those relating to the observance of the laws of trade, for the Governor of the Bahama Islands, having been prepared pursuant to order, was approved and ordered to be transcribed; as were also draughts of a representation to his Majesty, recommending four persons to be appointed of the Council of Nova Scotia; and of a letter to the Lieutenant Governor of that province, in answer to several received from him.

Their lordships then took into consideration twenty Acts, passed in the Province of Nova Scotia in September, 1760, together with Sir Matthew Lamb's report thereupon, and the said Acts and report were read; and it appearing, that by one of these laws, the Act passed in 1759, for regulating the Indian trade, which was enacted to continue for two years, was made perpetual, their lordships were of opinion, that although the objections stated to the Act in the Board's letters to Mr. Belcher of the 3rd of March and 21st of April, were not of such a nature, as to make it expedient to propose the repeal of it, circumstanced as it stood in point of duration; yet, being now made to continue without any limitation of time, it was proper to be repealed, being, in their lordships' judgment, an improper restriction upon trade, and a measure introductive of unreasonable expences to the publick; it was therefore ordered, that the draught of a representation to his Majesty should be prepared, proposing that it may be repealed, as also the Act by which it is perpetuated.  It was further ordered, that the draught of a representation to his Majesty should be prepared, proposing the repeal of another Act passed in the last session of Assembly, in addition to the Act to enable Proprietors to divide the lands held in common and undivided, which last mentioned Act had been reported for repeal on the 21st of April last.

Tuesday, June 23, 1761

The draught of a representation to his Majesty, with draughts of general instructions, and of those relating to the observance of the laws of trade, for the Governor of the Bahama Islands, having been transcribed pursuant to order, was signed; as was also a representation to his Majesty, recommending four persons to be appointed of the Council of Nova Scotia; and a letter to the Lieutenant Governor of Nova Scotia, in answer to several received from him.

The draughts of representations to his Majesty, proposing the repeal of three Acts passed in Nova Scotia, mentioned in the minutes of Friday last, having been prepared pursuant to order, were approved, transcribed and signed; as was also a representation to his Majesty, proposing the repeal of the Act passed in the Province of Georgia in 1759, for confirming the titles of several inhabitants to their lands.


Journal of the

Board of Trade and Plantations

London, England
August 1761

Tuesday, August 25, 1761

Order of his Majesty in Council, dated July 2nd, 1761, repealing two Acts passed in Nova Scotia in 1760. Order of his Majesty in Council, dated July 2nd, 1761, repealing an Act passed in the Province of Nova Scotia in 1760, for explaining an Act entituled an Act to enable proprietors, etc.

Ordered, that the Secretary do transmit the said Orders to the Governors of the respective colonies to which they appertain, and also copies of the Board's reports upon the Acts thereby confirmed or repealed.


Journal of the

Board of Trade and Plantations

London, England
September 1761

Tuesday, September 1, 1761

Read a letter from Edward Whitmore, Esquire, Governor and Commanding Officer of Louisbourg, dated March 18th, 1760, acquainting the Board with his proceedings in consequence of the orders for proclaiming his Majesty, etc., in that island.

Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated April 9th, 1761, acquainting their lordships that he had seized and sent to England, as a prisoner of war, one of the French priests appointed by the late Governor to reside amongst the Indians, for seditious and traiterous behaviour.

The Secretary acquainted the Board, that having received this letter in July last, during the recess, he had thought it his duty immediately to transmit a copy of it to Mr. Wood, desiring him to lay it before Mr. Secretary Pitt, and that he had received from Mr. Wood the following letter in answer;

Letter from Robert Wood, Esquire, to Mr. Pownall, dated 7th July, 1761, acquainting him that Mr. Secretary Pitt had signified to the Lords of the Admiralty his opinion that Manach, the French priest, brought hither in the Fowey, should be sent to France.

Thursday, September 10, 1761

Thursday, September 10, 1761 The Secretary laid before the Board a memorial prepared by the agent for Nova Scotia, to be presented to the Lords Commissioners of the Treasury, stating several demands made on account of services relative to the settlement of that colony, and praying their lordships' approbation of the payment thereof out of the ballance of the money granted by Parliament for the service of the year 1760, now in his hands; and also further praying, that the whole or such part as they shall think proper, of the money granted for the service of Nova Scotia for the year 1761, may be issued to him, in order to prevent the inconveniencys arising from a delay in the payment of the bills drawn by the Governor for services incurred there; and the said memorial having been approved, it was ordered, that the agent should present the same to the Lords Commissioners of the Treasury, for their lordships' directions upon it.

Read a letter from Mr. Martin, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated July 24th, 1761, inclosing a memorial presented to that Board by the Auditor General of his Majesty's Revenues in America, praying to be authorized to prepare instructions (a draught of which he annexes to his memorial) for his deputys and other officers concerned in the collection of the Revenues in America, upon which memorial and instructions the Lords of the Treasury desire the opinion of this Board. Their lordships took the said letter and papers into consideration, and several minutes were taken, from which the Secretary was ordered to prepare the draught of a letter to Mr. Martin, in answer to his, and to lay the same before the Board at the next meeting.

Read a letter from Mr. Martin, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated the 24th July, 1761, inclosing the copy of a letter to the Lords of the Treasury from Sir William Baker, contractor for supplying the troops in Nova Scotia with provisions, relative to the disposition of the provisions and live stock, left there by the French inhabitants in 1755.

The Secretary also laid before the Board a paper delivered to him by Mr. Saul, lately arrived from Nova Scotia, entitled, Answer of Mr. Saul, late Commissary of Stores and Provisions in Nova Scotia, to the complaints and charges exhibited against him by Mr. Sanderson and others.

Their lordships, upon consideration of the said last mentioned letter from Mr. Martin, and the paper delivered by Mr. Saul, did not think it necessary to enter into an examination thereof, it appearing that the matter of complaint, to which they have reference, had been already fully heard and examined by this Board.

Wednesday, September 16, 1761

Read an Order of his Majesty in Council of the 11th instant, directing this Board to prepare draughts of instructions for the Governors of the several colonies and plantations in America, directing an alteration in the prayers for the Royal Family, conformable to what had been ordered by his Majesty, on the same day, for this kingdom.

The draughts of instructions, having been accordingly prepared, were approved, and a representation to his Majesty thereupon, was signed.

Monday, September 21, 1761

Monday, September 21, 1761 The Secretary, pursuant to order, laid before the Board the draught of a letter to the Secretary to the Lords Commissioners of the Treasury, in answer to one from him, inclosing instructions proposed by the Auditor General of his Majesty's Revenue in America, to be given to the collectors and other officers of the said Revenue, which said draught having been approved, it was ordered to be transcribed for the Secretary's signing.


Journal of the

Board of Trade and Plantations

London, England
November 1761

Wednesday, November 4, 1761

Read a letter from the Earl of Bute, one of his Majesty's Principal Secretaries of State, dated the 7th of October, 1761, referring to the Board, for their consideration and opinion, a memorial transmitted to his Lordship by Mr. Titley, his Majesty's Minister at Copenhagen, containing proposals for settling foreigners in the British Colonies in America.

Copy of Count St. Germain's memorial, Copenhagen, 17th September, 1761, containing proposals for transporting to and settling in the British Colonies in America a number of foreigners from Germany and other parts of Europe.

Their lordships took the said letter and memorial into consideration, and several minutes were taken from which the Secretary was ordered to prepare the draught of a letter to Lord Bute, containing the Board's sentiments upon the memorial.

The Secretary laid before the Board a memorial prepared by the agent for the settlement of Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that he may be authorized to discharge certain bills drawn upon him by the Lieutenant Governor of the said province, to the amount of six thousand pounds, out of the ballance of the sum granted by Parliament for the service of the said colony for the year 1761; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury for their lordships' directions upon it.

Ordered, that notice be given to Mr. Green, Treasurer of Nova Scotia, to attend the Board on Thursday next, the 12th instant.

Thursday, November 12, 1761

Mr. Green, Treasurer of Nova Scotia, attending pursuant to order, was called in, and being desired to inform the Board of the reasons why the accounts of the year 1760 to the death of Governor Lawrence, were not made up and transmitted, he said, he apprehended it was occasioned by delays and obstructions attending the repayment of the money lent by Governor Lawrence out of the Treasury to the province, in order to enable them to pay the bounties upon fish and other articles on which they were to be given.

Their lordships took the said letter and paper into consideration, and several doubts having arisen with respect to a proper authority and jurisdiction in the colonies for the tryal and punishment of murther committed upon the seas or waters within the Admiralty jurisdiction in the said colonies, the Secretary was ordered to send copies of the abovementioned letter and paper to the Attorney and Sollicitor General, and also to the Advocate General, and desire their opinion upon the following questions, viz.

Does the Act of the 28th of Henry 8th Cap. 15, entitled for pirates (being passed before the establishment of any of the British colonies), extend to the said colonies, and if it does, how are the regulations therein set down to be executed.

Does the Act of the 11th and 12th of William the Third Capt. 7, entitled an Act for the effectual suppression of piracy, or the 7th Section of the Act of the 4th of George 1st Cap. 11, entitled an Act for the further preventing robbery, burglary, etc., contain sufficient authority for the tryal and punishment of persons guilty of murder upon the seas or waters within the Admiralty jurisdiction in the Plantations.

If the Act of Henry 8th Cap. 15 does not extend to America, and neither the Act of the 11th and 12th of William 3rd Cap. 7, nor the 7th Section of the Act of the 4th of George the 1st Cap. 11, do contain sufficient authority for the tryal and punishment of persons guilty of murder upon the seas or waters within the Admiralty jurisdiction in the Plantations, by what other authority and jurisdiction are such persons to be tryed and punished in the said Plantations.


Journal of the

Board of Trade and Plantations

London, England
December 1761

Tuesday, December 1, 1761

Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated Halifax, October 20, 1761, transmitting:

Estimate of the charge of supporting and maintaining the civil establishment of his Majesty's Colony of Nova Scotia, 1762.

Friday, December 11, 1761

Ordered, that a copy of the Board's representation of the 11th of November last, be transmitted with each of the instructions to the Governors of Nova Scotia, New Hampshire, New York, Virginia, North Carolina, South Carolina and Georgia, and an extract of so much of it as relates to the tenure of the judges' commissions, with each of the instructions to the Governors of New Jersey, Barbados, Leeward Islands, Bermuda, Bahama and Jamaica.

Thursday, December 17, 1761

Read a letter from Mr. Martin, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated the 16th of December, 1761, signifying his Majesty's pleasure, that this Board do prepare and lay before the House of Commons, an estimate of the charge of supporting and maintaining the civil establishment of the Colony of Nova Scotia for the year 1762, pursuant to an address of that House to his Majesty.

Whereupon their lordships took into consideration the estimate of what will be necessary for this service for the year 1762, transmitted with Mr. Belcher's letter of the 20th of October, 1761, mentioned in the minutes of the 1st instant, and having made some progress in the consideration of this affair, it was ordered, that the draught of an estimate should be prepared and laid before the Board at the next meeting.

Ordered, that the draught of an estimate be prepared, conformable to that presented to the House of Commons the last year, to be laid before the Board at the next meeting.

Tuesday, December 22, 1761

The Secretary laid before the Board a memorial prepared by the agent for Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the sum of one thousand, six hundred and twenty five pounds may be issued to him out of the remainder of the grant of Parliament for the service of that colony for 1761, to enable him to discharge bills drawn upon him by the Lieutenant Governor and other demands relative to this service; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury for their lordships' directions upon it.

The Secretary laid before the Board the following estimates prepared pursuant to their lordships' order, viz. Estimate of the expence of the civil establishment of Nova Scotia for the year 1762.


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