At a Council held in the Council Chamber at Pensacola the 28th day of November 1775.
Present
His Excellency Governor Chester The Honble Elias Durnford Esqr Lt Govr
His Excellency mentioned to the Board that John Allen Martin Esquire Comptroller of His Majesty's Customs for this Post had reported to him that there was 9000 lbs of Gun Powder 11 Ton 11 [hundredweight] ー 10 lb of Bullets and 925 Indian Guns brought into this Port on Board the Ship Ann William Reid Master lately arrived from London and that Application had been made to him for liberty to Land the same here and to reship it to the Mississippi And then laid before the Board a Circular Letter that he had some time since received from the Earl of Dartmouth dated the 19th October 1774 inclosing His Majesty's Order in Council of the same Date prohibiting the Exportation of Gun Powder from Great Britain which Letter directs that it was His Majesty's Command that He should take the most effectual measures for the Arresting detaining and securing any Gun Powder or any sort of Arms and Ammunition which might be attempted to be imported into this Province unless the Master of the Ship having such Military Stores on Board should produce a License from His Majesty or the Privy Council for the Exportation of the same from some of the Ports in Great Britain ー Mr Martin Comptroller of the Customs attending produced the said Ships Papers and Cockets Whereby it Appeared that the Gun Powder Bullets and Guns beforementioned had been shipped on board the Ann at the Port of London in Consequence of an Order of His Majesty in Council of the 4th of May last to the Commissioners of the Customs in London ー Mr Mather to whom the greatest part of the said Ammunition belonged also attending laid before the Board an Extract of the Condition of a Bond respecting the said Powder &c entered into at the Custom House in London Dated the 14th September 1775. Whereby it appeared that the same should be landed either at Pensacola or Mobile there to be deposited at the Expence of the Petitioner at such place and under the Custody of such Person as the Governor or Commander in Chief of this Province should direct and Appoint and that the Petitioner did within twelve Months from the Date of the Bond produce a Certificate or Certificates Attested upon Oath before a Magistrate of the Person having the Custody of such Gun Powder Arms and Ammunition that the same had been actually and bona fide sold and delivered to the Indians in Alliance with and under the Protection of His Majesty And then his Excellency desired the opinion of the Board what was most proper to be done herein upon which the board advise. That the said Powder Arms and Ammunition should be Landed and Deposited in the Public Magazine under the Care of Mr Neil the Provincial Store keeper that Mr Mather should be permitted to send 1000 lbs of Gun Powder and a proportionable quantity of Ball and Guns Coastways thro the Lakes to the Western Parts of the Province on the Mississippi there to be placed under the immediate Charge of Lt Thomas Deputy Superintendant of Indian Affairs in those parts and to be issued by him Agreeable to the condition of the said Bond and upon a Certificate from the said Deputy Superintendant that the same has been disposed of conformable to the Condition of the above Bond that then the like Quantity should be permitted to be sent to the Western parts of the Province under the same Conditions and that Mr Mather or his Agent be permitted to dispose of the remaining quantity in this place agreeable to the Condition of the above Bond ー And then the Board Adjourned.
1. PRO, Colonial Office, 5/634, LC Photocopy.
