A letter from Capt. Burrington Gov. of North Carolina to the Board without date was read and the papers therein referr'd to were laid before the Board, Vizt
A schedule of the papers transmitted
Attested Copies (under the Seal) of the Journals of the Council and of the Upper & Lower House of Assembly as likewise of the Acts in force in North Carolina.
Account of Patents for Land in North Carolina granted by Sir Richard Everard late Deputy Governor of that Province for the late Lords Proprietors.
A letter from Capt. Burrington Govr of North Carolina dated 4th Sept. last was read and the papers therein referred to were laid before the Board Vizt:
Mr Porter's reasons against Governor Burrington appointing Members of the Council in North Carolina whilst seven remain.
Copy of a letter from Mr Byrd of Virginia to Capt. Burrington Govr of North Carolina dated 20 July 1731 relating to the nature & fertility of the lands in North Carolina.
Their Lordships then gave directions for preparing the Draught of a letter to the Duke of Newcastle to desire he will move the Queen for orders to be sent to the Governors of North & South Carolina to use all possible precaution to prevent an Indian war as apprehended by Capt. Burrington in his aforemention'd letter
Directions were also given for preparing the Draughts of Letters to Col. Johnson and Capt. Burrington for the same purpose As also another Draught of a letter to Capt. Burrington for a distinct explanation of that part of his letter of the 4th of Sept. last which relates to a Gentleman in Hanover Square.
The above Draughts of Letters were agreed and signed on June 20th & 21st
Their Lordships taking again into consideration the letter from Capt. Burrington read the 16th inst. made a progress therein.
A Representation and Address of Edmond Porter late of the Council and Judge of the Vice Admiralty Court of North Carolina were read, as also the following papers referr'd to
Extracts of Minutes of Council and Copies of Complaints & Answers relating to Capt. Burrington's suspending Mr Porter from the Council and being Judge of the Admiralty in North Carolina.
Mr Porter's opinion about the appointing of any new Councillor by the Governor whilst there are seven Members of Council in the Province.
Memorandum made by Mr Porter concerning the purchase money of lands in North Carolina.
And their Lordships gave Directions that copies thereof should be sent to Mr Burchet to be laid before the Lords of the Admiralty.
Ordered that a letter be wrote to Mr Porter with copies of such parts of Capt. Burrington's letters as relate to him for his Answers thereto.
Ordered that in the next letters to Capt. Burrington copies of the abovementioned Representation and papers from Mr Porter be sent to him for his Answers thereto.
Mr Shelton Secretary to the late Lords Proprietors of Carolina attending he was desired to give the Board an account of the Grand Deed from the said Lords Proprietors in 1668 under which the inhabitants pretend a right of paying but 2 shgs per hundred acres for land in North Carolina which he promised to do accordingly.
The Board then took into consideration the letters from Capt. Burrington mention'd in yesterday's Minutes and made a progress therein.
A Memorial from Mr Shelton setting forth his services concerning the sale of Carolina and the Bahams & praying the Board's recommendation of him to the Crown was read and their Lordps resolved to consider further thereof on Tuesday morning next.
Their Lordships taking again into consideration the Memorial from Mr Shelton read the 9th inst. praying the Board's recommendation of him to the Crown A certificate to the Lords of the Treasury was accordingly agreed and signed.
The letter from Capt. Burrington Govr of North Carolina and the papers therein referred to mentioned in the Minutes of the 16th inst. being again considered directions were given for preparing the draught of a letter to him thereupon.
Ordered that a letter be writ to Mr Attorney & Solr General for their opinion upon a case and queries relating to the validity of laws passed in North Carolina in the Lords Proprietors names after the purchase of that Province by the Crown
The Board then took into consideration the Draught of a letter to Capt. Burrington order'd to be prepared the 28th of last month and made a progress therein
The Board taking again into consideration the Draught of a letter to Capt. Burrington mention'd in yesterday's Minutes made a progress therein.
The Board taking again into consideration the Draught of a letter to Capt. Burrington mention'd in yesterday's Minutes made a progress therein.
Mr Smith Chief Justice of North Carolina and Chief Baron of the Court of Exchequer there attending he presented to the Board the Warrants from his Majesty appointing him for those Offices which being read Ordered that copies be taken thereof And the Board asking his opinion with respect to the necessity of holding the Court of Exchequer He said he thought that Court the more necessary because the King was defrauded of much land and that that was a matter only cognizable in that Court.
The Board taking into consideration the Draught of a letter to Capt. Burrington mention'd in yesterday's Minutes made a progress therein.
Mr Smith Chief Justice & Chief Baron of North Carolina attending he presented to the Board a Memorial relating to such laws of the Province as have not been confirmed by the Lords Proprietors upon which he states some difficulties with respect to the duration of them which was read And directions were given for stating the said difficulties to the Attorney & Solicitor General
The letter to the Attorny & Solr Genl order'd to be prepar'd the 13th inst relating to such laws of North Carolina as have not been confirmed by the Lords Proprietors was agreed and order'd to be sent.
Present
The Secretary laid before the Board the forty four following copies of orders in Council and the same were read
Order in Council dated 25th Nov 1731 repealing an Act passed in Virginia for the more effectual preventing the bringing tobacco from North Carolina &c
Mr Attorney and Mr Solicitor General's Report upon Queries relating to the Validity of Laws passed by the Proprietors authority in Carolina before and after notice of the purchase by the Crown was read and directions were given for sending attested copies thereof to Col Johnson & Capt Burrington