Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated Halifax, the 3rd of November, 1761, containing an account of the state of that province in respect to the new settlements making in different parts of it, the fishery, the publick accounts, the Indian trade and the alteration which it was recommended to him to make in the laws of the first General Assembly, also inclosing, Memorial of Arthur Vance and William Caldwell of the City of Londonderry, merchants, 28th August, 1761, relating to Mr. McNutt’s engagement to carry settlers from Ireland to Nova Scotia.
Copy of a Bill intitled an Act in addition to and amendment of an Act intitled an Act for the limitation of actions and for avoiding suits of law, which the Commander in Chief was pleased not to assent unto, upon the same being presented to him on the 15th of August, 1761. Lists of Acts passed by the General Assembly of the Province of Nova Scotia at their session begun on the 1st day of July and ended on the 15th day of August, 1761.
Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated Halifax, the 11th of January, 1762, containing the result of his enquiries into the abuses complained of in the administration of the late Governor, and stating the factious behaviour of several members of the Assembly in refusing to attend at the time appointed by proclamation for the Assembly’s meeting; also inclosing,
Return of grants of land from the Register’s office.
Chief Surveyor’s description and state of the new settlements in Nova Scotia, 9th January, 1762.
Chief Surveyors account of the Common of Halifax.
State of the measures pursued by some members of the Assembly to prevent the meeting of the General Assembly.
The Reverend Mr. John Breynton’s return of births and burials at Halifax in the year 1761.
Reverend Mr. Robert Vincent’s return of the children in Lunenburg, 4th November, 1761.
Letter from Edmund Crawley, Esquire, one of his Majesty’s Council, relative to the whale fishery, 9th January, 1762.
Ceremonials at concluding a peace with the several districts of the general Mickmack Nation of Indians in his Majesty’s Province of Nova Scotia, and a copy of the treaty, 25th June, 1761.
Votes of the House of Assembly for the Province of Nova Scotia between the 1st of July and 15th August, 1761.
Records of his Majesty’s Council of the Province of Nova Scotia from the 1st of April to the 28th of November, 1761, exclusive of the records of Council relative to the granting of land after the 15th day of May, 1761.
Journals of his Majesty’s Council of the Province of Nova Scotia in General Assembly at the session, begun the 1st of June and ended the 15th of August, 1761.
Records of his Majesty’s Council of the Province of Nova Scotia, relative to the granting of lands, from the 22nd of May to the 19th of November, 1761.
Do. at their meetings in order to the holding a session in General Assembly, begun the 17th and ended the 30th of November, 1761.
Vouchers for the payment of money from the 1st of January, 1760, to the 30th of June, 1761.
Abstract of the state of the civil establishment for Nova Scotia, 1760.
Estimate of the stationary required for the publick offices at Halifax for the year 1762.
Read the following letters from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to Mr. Pownall, viz.
Letter dated the 9th of January, 1762, desiring Mr. Pownall to move the Board that the sum of one hundred guineas, formerly subscribed by the inhabitants of Halifax, for erecting an organ and by them paid into the hands of Mr. Davidson, late Secretary and Treasurer of Nova Scotia, may be repaid into the hands of an agent appointed by them, for purchasing an organ; and also inclosing Mr. Hinchelwood’s certificate of subscription money, etc., expended by Mr. Davidson, Secretary for the Province of Nova Scotia.
Letter dated 11th of January, 1762, desiring directions concerning the clause in the grants of land in Nova Scotia that prohibits alienation.
Letter dated the 18th of January, 1762, acknowledging the receipt of his Majesty’s Orders for the repeal of three Acts passed in that province.
Their lordships proceeded to take into consideration those parts of the letters and papers received from the Lieutenant Governor of Nova Scotia, which relate to the establishments lately made in that province for carrying on the fishery; and as it appeared to their lordships, that it would be essentially necessary for the encouragement of the said fishery, that the same liberty of importing salt directly from any parts of Europe, which by the Act of the 15th of Charles the Second is given to Newfoundland and New England, should be extended to Nova Scotia, they were of opinion, that it would be proper that a Bill for that purpose should be offered to the consideration of Parliament this session; but, as his Majesty’s Revenue might be in some degree concerned in this matter, the Secretary was ordered to write a letter to the Secretary to the Lords Commissioners of the Treasury upon this subject, for their lordships’ sentiments upon it.
Resolved, that the consideration of what is proposed for the encouragement of the whale fishery be postponed to another opportunity, and that in the meantime the Governor be directed, upon his arrival in Nova Scotia, to transmit to the Board the best information he can procure of the state of the whale fishery upon the coasts of that province, with his opinion in what manner it may be encouraged for the benefit of this kingdom.
It appearing to their lordships, that the proposal contained in the Surveyor’s return of the state of the fishing settlements, that Long Island and its harbour should be reserved for the fishery in general, was reasonable and necessary; it was resolved, that the Governor should be instructed to make such reservation accordingly, and not to make grants of any part of the said island to any person whatever.
Their lordships then proceeded to take into consideration those parts of Mr. Belcher’s letters and papers which relate to the new settlements in general; and the Secretary having acquainted the Board, that Mr. Alexander McNutt, who had engaged last year to introduce settlers into Nova Scotia from the North of Ireland, upon terms proposed by him to the Board, was now in England, with a view to the further prosecution of his plan; it was ordered, that such parts of the letters as relate to this measure should be taken into consideration tomorrow morning, and that notice should be given to Mr. McNutt to attend.
Their lordships, upon consideration of the return made by the Register of Nova Scotia of the excessive grants of lands made to particular persons, were of opinion, that for the reasons contained in Mr. Belcher’s letters, that the grants to the Proprietors of Lawrence Town should be confirmed, independent of any other grants which may have been made to them of lands in other parts of the province, but that the Governor should be directed to take special care, in all future grants, not to grant to any one person more than the quantity, which shall be limited by his Majesty’s instructions, and that he do give directions to the Surveyor to make returns from time to time of the progress which shall be made in the cultivation of the grants mentioned in the Register’s return, and, in case of any failure or default in the performance of the conditions of the grant, that he do pursue the most effectual measures for a resumption of the lands, and that he do not upon any pretence whatever make any further grants to the possessors of these lands, until they shall have fully settled and cultivated what they already possess, unless they shall surrender so much as shall reduce the quantity to what is limited by his Majesty’s instructions.
Resolved, that the Governor be instructed, that in all future grants of townships, one thousand acres of woodland be reserved near the town for the encouragement of the manufacture of pot and pearl ash, to be granted to such person or persons as shall properly erect, and effectually establish and carry on buildings and works necessary for that material.
Resolved, that the Governor be instructed not to make grants of any parts of the lands reserved by the late Governor for the future settlement of disbanded soldiers.
Ordered, that the Secretary, being a member of the Society for the Propagation of the Gospel in Foreign Parts, do communicate to the said Society such parts of Mr. Belcher’s letters, as relate to the appointment of the Reverend Mr. Vincent to officiate as minister and schoolmaster at Lunenburg, and that he do signify to the said society, that the appointment of Mr. Vincent to be their missionary there, would, in their lordships’ opinion, contribute greatly to the advancement of that settlement, and be greatly for the satisfaction of its inhabitants.
Thursday, March 11. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.
Their lordships then took into further consideration those parts of the letters and papers, lately received from the Lieutenant Governor of Nova Scotia, which relate to the new settlements in general; and Mr. McNutt attending pursuant to order, was desired to acquaint the Board what steps he had taken for introducing settlers into Nova Scotia, in consequence of his proposals offered to the consideration of this Board the last year; whereupon he acquainted their lordships, that he had in the course of the last summer carried over to Nova Scotia from the North of Ireland three hundred persons, chiefly heads of families, and he produced several papers to shew the satisfaction expressed by those people at the reception they had met with, and with the fertility and other advantages of the lands whereon they were to be seated; Mr. McNutt further acquainted their lordships, that besides these settlers from Ireland, he stood engaged for the introduction of one thousand persons from other colonies, of which two hundred families had been actually settled; that he had contracted with persons in Ireland for ten thousand ton of shipping for the transportation of seven or eight thousand persons from that kingdom this summer; that he was preparing to go over into Ireland in order to carry this measure into execution, but previous thereto had some further proposals to make to their lordships; whereupon he was directed to reduce what he had to offer into writing, and to attend the Board therewith on Tuesday next.
Their lordships then took into consideration the Lieutenant Governor’s letter to the Secretary, dated 11th January, 1762, stating the doubts he was under with respect to that clause in the grants of lands which forbids alienation; and the Secretary having laid before the Board a report of his late Majesty’s Attorney and Sollicitor General on the 6th day of May, 1749, upon this matter, the said report was read and considered, and it was ordered, that a copy of it should be delivered to Governor Ellis, for his information and instruction upon this point.
The Secretary laid before the Board a memorial prepared by Mr. Alexander McNutt pursuant to their lordships’ orders, containing some proposals for further encouraging the introduction of settlers into the Province of Nova Scotia; and the said memorial having been read, it was agreed to postpone the consideration of it to another opportunity.
Their lordships then took into consideration those parts of the letters and papers received from the Lieutenant Governor of Nova Scotia, which relate to the accounts of expences incurred for the support of the settlement of that colony; and Mr. Benjamin Green, Treasurer of the said colony, attending, their lordships had some discourse with him upon the subject of the said accounts.
Mr. Green being withdrawn, it was ordered, that the accounts and vouchers for the payment of money for the service of Nova Scotia, from the 1st of January, 1760, to the 30th of June, 1761, together with extracts of such parts of the Lieutenant Governor’s letters as relate thereto, be referred to the Treasurer of the colony and the agent for the settlement; and that they do report to their lordships a state thereof, distinguishing the amount of what has been expended in the year 1760, together with the amount of the bills drawn by the late Governor and by Mr. Belcher, for dollars taken up for the use of the government from the 1st of January, 1760, down to the present time, and the ballance of the monies granted by Parliament for the settlement of this colony, which will remain in his Majesty’s Exchequer, when all the said bills and other present demands shall have been discharged; also what sums were remaining in the hands of the Treasurer on the 1st of January, 1762, including the monies repaid into the Treasury on account of the loans to the Provincial Treasurer and to the Commissary for Indian Affairs.
Ordered, that the agent for the settlement do forthwith prepare, in order to be laid before Parliament, an account of the monies paid and charges incurred for supporting and maintaining the settlement of Nova Scotia for the year 1760.
Their lordships then took into consideration those parts of the letters and papers from the Lieutenant Governor of Nova Scotia, which relate to the alterations and amendments directed to be made in the laws passed in the first session of General Assembly, by a letter from the late Commissioners of this Board, of the 12th of December, 1760; and, after some time spent therein, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing the repeal of two of the said Acts passed in 1758, the one, for reviving and continuing two Acts or resolutions of the Governor and Council that foreign debts should not be pleadable in that province, the other, for establishing the rate of Spanish dollars.
Ordered, that the Secretary do write to Governor Ellis to acquaint him that their lordships, having under their consideration several important matters relative to the present state of the Colony of Nova Scotia, desire his attendance as soon as conveniently may be.
The Secretary acquainted the Board that he had, pursuant to their lordships’ orders, communicated to the Society for the Propagation of the Gospel in Foreign Parts those parts of the letters from the Lieutenant Governor of Nova Scotia, which relate to the establishment of Mr. Vincent to be a minister at Lunenburg, and that the Society, concurring in opinion with their lordships, had agreed to establish Mr. Vincent as their missionary at Lunenburg, and to appoint Mr. Bennett, who had been before named for that mission, a missionary in the new settlements of Horton, Cornwallis and Falmouth; whereupon it was agreed that the seventy pounds, placed upon the estimate for the year 1762 for the support of a minister at Lunenburg, should be paid to Mr. Vincent, and that a like sum of seventy pounds should be allowed to Mr. Bennett, from the 1st of January, 1762, to the 1st of January, 1763, to be paid out of the money granted upon estimate for contingencies in the service of Nova Scotia for the year 1762.
The Secretary laid before the Board a report of the Commissioners of his Majesty’s Customs, made to the Treasury Board, upon a reference to the said Commissioners of his letter to Mr. West, relating to the importing salt directly from any foreign ports in Europe into Nova Scotia; and the said report having been read and considered, Mr. Eliot was desired to move the House of Commons for leave to bring in a Bill for importing salt from Europe into the Province of Nova Scotia.
Read a joint report of the agent and treasurer of Nova Scotia, of the state of the publick accounts of that province for the year 1760 and part of the year 1761, drawn up pursuant to their lordships’ orders of the 16th instant.
Ordered, that the said report do lye by for further consideration, when the remainder of the accounts of the year 1761 shall have been received.
Their lordships took into consideration the letter from the Lieutenant Governor of Nova Scotia to the Secretary, dated the 9th of January last, relating to some money subscribed by the inhabitants of Halifax for purchasing an organ, which money was lodged in the hands of Mr. Davidson, late Secretary and Treasurer of that province.
Ordered, that the said letter be taken into consideration tomorrow morning, and that notice be given to Christopher Kilby, Esquire, late agent for the settlement of Nova Scotia, to attend.
Their lordships then took into consideration that part of the letter from the Lieutenant Governor of Nova Scotia of the 3rd of November last, in which he desires their opinion whether Acts and proceedings had and done under laws repealed by his Majesty in Council, are to be considered as annulled before the publication of such repeal; and their lordships were of opinion, that such acts and proceedings were not to be considered as annulled before the publication of repeal, unless declared to be so by express words in the order of repeal.
The Secretary having acquainted the Board, that Governor Ellis was arrived in town from Bath to attend their lordships, pursuant to their order, the Secretary was directed to desire his attendance at the Board tomorrow morning.
Wednesday, March 31. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Rice.
Their lordships took into further consideration the letter from the Lieutenant Governor of Nova Scotia to the Secretary, dated the 9th of January last, relating to some money subscribed by the inhabitants of Halifax for purchasing an organ, which money was lodged in the hands of Mr. Davidson, late Secretary and Treasurer of that province; and Mr. Kilby, the late agent, who attended pursuant to order, having acquainted their lordships that the money, mentioned to have been subscribed in Mr. Belcher’s letter by the inhabitants of Halifax for purchasing an organ, had been applied to the use of the publick; whereupon it was ordered, that it should be replaced in the hands of such agents, as the said inhabitants should appoint to receive the same.
Their lordships being informed that Mr. Kilby was well acquainted with the state of the North American fisheries, they had some conversation with him upon that subject, and Mr. Kilby being particularly asked, whether any or what quantities of French salt were used by his Majesty’s subjects in the said fishery, and whether he judged that a supply of salt was necessary for carrying on that branch of commerce, he said, that he apprehended that the greatest quantity of salt used in the British American fisheries, was now imported from Portugal and Spain, but, that in times of peace, considerable quantities of French salt were brought from St. Martin’s and other French ports in the Bay of Biscay; that it was sold cheaper than other foreign salts, but that a greater quantity of it was required to cure the same number of fish than of other sorts; that it was esteemed better for the shoar fishery than the Portugal salt; that the fish cured with it was more acceptable and bore a much better price at Bilbao and other Spanish markets; and that, if we were deprived of the use of it, the French would have great advantage over us in those markets, where the Nova Scotia fish would otherwise have the preference, as the coasts of that province are particularly well situated for the winter fishery, which is the best season for that sort of fish most eligible in the Spanish markets; that the lands of Nova Scotia formerly belonging to the French and now settled by his Majesty’s subjects, have great advantages in the production of cattle, which might open a way for a beneficial trade in the exportation of provisions, but that such trade would labour under great disadvantage, if they were restrained from the importation of French salt, which is preferable to all others in the curing of beef and pork.
Governor Ellis attending as desired, their lordships acquainted him, that they had had under their consideration several letters and papers lately received from the Lieutenant Governor of Nova Scotia, relative to the present state of that province, and that it appeared to their lordships to be necessary for his Majesty’s service, that he should prepare, with all possible dispatch, to embark for Nova Scotia, to execute the command his Majesty has conferred upon him.
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 four thousand, two hundred and thirty three pounds, nine shillings may be issued to him out of the monies granted by Parliament for the support of that settlement, to discharge bills of exchange drawn and other demands made upon him, for the service of that colony; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of his Majesty’s Treasury for their lordships’ directions upon it.
“Journal, March 1762: Volume 69.” Journals of the Board of Trade and Plantations: Volume 11, January 1759 – December 1763. Ed. K H Ledward. London: His Majesty’s Stationery Office, 1935. 255-268. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/jrnl-trade-plantations/vol11/pp255-268.