Minutes of HM Council: 16 August 1739

At a Councill holden by adjournment at the house of His Excellency the Govr. the 16th day of August 1739.

Present:
The same members as yesterday and Coll. John Butterfield

These members of the House attending this Board present there to the following message vizt. That the Speciall matters mentioned in the message last night to the Councill was relating to His Excellency's speech and that they desire a committee of Councill to meet a committee of their house to confer upon some matters therein contained as also a Bill intituled "An Act to Lessen the Publick Charges of these Islands".
Andrew Auchinleck
Coll Francis Jones
Coll John Butterfield
Coll Nath Butterfield
Nath BascomeEsqr
are appointed a Committee of this Board to meet a committee of the House to conferr acording to the above message and notice thereof accordingly given to the House by order of this Board.

The Committee of Councill made the following return vizt. At a meeting of a committee of both Houses at the house of Mr John Slater in order to hold a conference relating to his Excellencys speach.
Of the Council:
Andrew AuchinleckEsq
Coll. Francis Jones
Coll. John Butterfield
Coll Nath Butterfield
Nathl BascomeEsqr
Of the Assembly:
Mr Geo Gibbs
Perient TrottEsqr
Cornelius HinsonEsqr
Peasley PlaceEsqr
Mr Paul Trimingham
At which time the Committee of the Assembly acquainted the Committee of Council that the House of Assembly desires that the Council would return the Samll Pox Bill to avoid all disputes they assure them upon their words that they will return the said Bill as it originally pass'd the House the 9th of this instant.

The Committee of the Councill return for answer that this their opinion it will be more proper that the above Proposalls be made to the Councill Board August 16th 1739.
Samuel Smith, Clk of the Committee

The bill intituled "An Act to Lessen the Publick Charges of these Islands" this day presented to the Councillors returned for the following reasons that the alterations in the above bill not being agreeable to the amendments proposed by this House it is therefore rejected by the Councill.

Three members of the House of Assembly attending this Board presents thereto the message following vizt.

That the House desired the Councill would return the Sma;ll Pox Bill to their house and that they would upon their words of honour return the same as it is originally passed their House the 9th instant with the bill of James Jauncey Esqr for repairing Somersett Bridge with a vote of their House thereon for the concurrence of the Councill.

Agreed by the Councill that the said bills shall be returned to the House provided that every alteration made by the House of Asembly without the knowledge of the Councill be restored to what it was when it came from the House the 9th instant except with regard to three alterations that were agreed too by the Committee of Both Houses which are to remain.

That the Councill does not agree to appoint a Committee of their House to joyn with a committee of the House of Assembly in the drawing up a bill relating to planting but that any member of the Councill will at any time willingly and readily assist them therein if desired.

adjourned to the afternoon.

Eodem Die. In the same afternoon present as in the morning.

The day Saml. Pincher laid before this Board his bill amounting to three pounds ten shillings due for six months service at Pagetts Fort it was passed by this Board and ordered that an order be writt for His Excellency's signing directing Nathl Butterfield Esqr Treasurer to pay the sd sum out of the Publick money arising by the rents of Kings Lands.

It appearing by a receipt from Nathl Butterfield Esqr Publick Treasurer of these islands that he hath received from Nathl Bascome Esqr the sum of two pounds twelve shillings and three pence being the ballance of his account of money ref'd for taxes on horses and mares passed the House of Assembly the 8yh instant this Board hat and hereby doth discharge the sd Nathl Bascome therefrom.,br>

Mr John Slater's bill for clkship of the Assembly passed by the House of Assembly the 11th instant amounting to nine pounds thirteen shillings being wrong was returned to the House for amendment and afterwards returned ammended for concurrence of the Councill is now concurred to accordingly and ordered that the sum of nine pounds twelve shillings and eightpence be paid out of the Publick Treasury.

James Jauncey Esqr's his bill for repairing Somerset Bridge amounting to the sum of twenty one pounds sixteen shillings and tenpence farthing having pass'd the House of Assembly this day laid the same before the Councill they approved and allowed the same likewise. Three members of the House of Assembly attending this Board presented his Excellency in Councill a message in the words following vizt. The House desires his Excellency would be pleased to adjourn their to the first Tuesday in February next the Councill having laid before them an agreement of their Board which requires the greatest consideration.

The bill intituled an Act prolonging an Act intituled "An act to prevent any person or persons allowing and encouraging any Negroes or other slaves from rioting and meeting at unseasonable times in his or their houses and plantations" and the bill intituled "An act for the raising a sum of money for the payment of the Publick Debts of these Islands" both being passed by his Excellency the Governor in Councill this day was returned to the House of Assembly by the Deputy Secretary who was likewise commanded to deliver to the said House the following message vizt.

The Governor has commanded me to acquaint you that he is very sorry to be obliged for the service of these islands and to restore that unanimity that has till now subsisted between the Councill and Assembly to disolve your house and to declare the Assembly disolved accordingly.

After the delivery of which message to the House according to his Excellency their hearty thanks.

Whereas there is reason to believe that his Britannick Majesty may have declared war against the King of Spain his Excellency the Govr (by advice of Council) thinks it necessary for the safety of these Islands to order and direct as follows vizt.

That no person or persons now residing in or belonging to these Islands do under any colour or pretence whatsoever go to the fishing Bank commonly called new Ledge in or with any shallop, boat, or other vessell, or remain on the old Ledge or any other part or place without the ledge flatts, after the setting of the Sun.

That no person or persons do presume to go on board, speak with or hale any vessell at Sea without first having received particular order for that prupose, from such officer as may have power to grant the same, the proper pilots only excepted.

That no person or persons bearing arms shall be excused upon an alarm under pretence of being affishing, but shall be fined for his or their non-appearance at the calling over of the muster role or lists pursuant to an Act of Assembly in such cases made and provided.

That an alarm shall be immediately raised upon sight of any distant fire or fires on the sea in the night on at least one topsail vessell and one sloop or three sloops without any topsail vessell, which alarm shall be made known by firing two guns and beat of a drum and that all men bearing arms thereupon to repair with their arms and ammunition to such place of rendevouz as their respective commanders shall order and direct.

That no vessell whatsoever be permitted to pass any fortification of these Islands in the night time unless by express order from the Governor.

That whosoever shall disobey or make any breach of any of the aforesd orders and directions, he or they shall be prosecuted with the utmost severity of the law for such his or their contempt.,br>

By order above, Sam Smith< Clk. of the Council

His Excellency by advice of Council orders and directs that twelve suitable shotts to each and every gun at the Fortifications in these Islands be immediately carryd thither by each Capt thereof and that all shotts shall be at any of the said Fortifications and not suitable to the guns thereof be returned to his Majesty's magazine in St Georges by them.

That ten barrells of gunpowder be also carryed to Crowlane and Port Royall for the country's service five whereof to lodge in the hands and care of Coll Francis Jones and the other five in the care of Capt John Gibbs and Captain Cornelius Hinson, Senr who are commanders of the West End Forts.

That a boat of eleven feet keel and a frying pan be purchased speedily for the use of the Castle.

S Smith, Clk of the Council