Journal, June 1762: Volume 69

Journal, June 1762

fo. 169.

Wednesday, June 2. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Roberts, Mr. Rice.

North Carolina.

New York.

The draught of a representation to his Majesty, proposing the repeal of two Acts passed in North Carolina in 1760, for establishing vestries, and making provision for an orthodox clergy, having been prepared pursuant to order, was agreed to and ordered to be transcribed, as was also the draught of a representation to his Majesty, upon the petition of the inhabitants of the City of Albany, mentioned in the minutes of Thursday last.

North Carolina.

fo. 170.

Their lordships then took into further consideration the letter from Mr. Dobbs, Governor of North Carolina, mentioned in the minutes of the 28th ultimo. and after full deliberation thereupon, agreed in opinion;
fo. 171.
1st. That the refusal of the Lower House of Assembly to meet and do business, unless a majority of the whole House was present, contrary to his Majesty's royal will and pleasure upon that head, expressed in his Majesty's instructions to the Governor, after the most impartial and open examination of every circumstance that could be offerred in support of that proposition, considering it either as a matter of right, or of general policy and convenience, is such an indecent opposition to the just authority of the Crown, and such an undutiful return to the great favors and indulgence, which that province has received, as justly deserves the severest censure.

That the admission into the Assembly of persons chosen representatives for any towns or countys without writs from his Majesty for that purpose, (as is alledged by the Governor to have been the case of the member for the town of Halifax in 1760), is unconstitutional and not warranted by any authority whatever; and that the clause in the Act passed in 1715, for erecting the town of Bath, upon which the Governor alledges that the Assembly found this unreasonable pretence, cannot, by any construction whatever, give any other power to any town, which shall consist of sixty families, than that of demanding a writ upon proper proof of such qualification.

fo. 172.

That the refusal of the Assembly to pass Acts for incorporating any settlement into a township or county, upon petition of the inhabitants setting forth their qualification, as alledged in the Governor's letter, is unjust and subversive of the rights and liberties of the subject, and an undutifull and ungratefull return to his Majesty's grace and favor, who, in the case of the repealed laws, was pleased, upon consideration of local convenience urged by the Assembly, to depart from his just authority of constituting towns by Royal Charter.

fo. 173.

Resolved, that their lordships' sentiments upon the foregoing points be communicated to the agent for the province, and that he be directed to signify to his constituents, that, if the Lower House of Assembly shall continue to persist in such undutifull and unreasonable claims and proceedings, their lordships shall think it their duty to lay a state of their conduct before his Majesty, to the end that a representation thereof may be made to Parliament, and shall likewise humbly propose to his Majesty that the Act for erecting the Town of Bath may be repealed, and that the Governor be directed to exercise the authority, vested in him by the 15th Article of his late Majesty's instructions, of erecting towns and counties by Royal Charter.

Ordered, that the Secretary do give notice to the agent to attend tomorrow morning.

fo. 174.

Thursday, June 3. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

North Carolina.

fo. 175.

Mr. Jouvencel, agent for the Province of North Carolina, attending without pursuant to order, was called in, and the minutes of their lordships' proceedings, in reference to the matters of complaint against the Assembly of North Carolina contained in the Governor's letter, having been read to him, he acquainted the Board, that he had no instruction or information from his constituents respecting these matters, but should not fail to communicate to them their lordships' sentiments and resolution; praying, at the same time, that he might be permitted, for the greater exactness and precision, to have a copy of what had been read to him.

Mr. Jouvencel being withdrawn, their lordships took his request into consideration, and it was ordered, that a copy of the minute should be made and delivered to him.

Their lordships then proceeded to take into consideration the other parts of Mr. Dobbs' letter to the Board, and after some time spent therein, it was ordered, that the draught of a letter to Mr. Dobbs in answer to his should be prepared.

fo. 176.

Ordered, that the draught of a representation to his Majesty be prepared, proposing that Charles Berry, Esquire, may be appointed of the Council of North Carolina in the room of Mr. Swan, one of the said Council, lately deceased.

New York.

The draught of a representation to his Majesty, proposing the repeal of two Acts passed in North Carolina in December, 1760, for establishing vestries, and making provision for an orthodox clergy, having been transcribed pursuant to order, was signed; as was also the representation to his Majesty, upon the petition of the inhabitants of Albany in the Province of New York.

Georgia.

fo. 177.

The Secretary laid before the Board a memorial prepared by the agent for Georgia, to be presented to the Lords Commissioners of the Treasury, praying that the money granted by Parliament for the support of that colony, may be issued to him in like manner as the grants of former years; 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.

Jamaica.

Leeward Islands.

Georgia.

South Carolina.

The draughts of letters to the Governors of Jamaica, the Leeward Islands, Georgia and South Carolina, in answer to several received from them, having been prepared, were agreed to, transcribed and signed.

fo. 178.

Tuesday, June 8. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

Plantations General.

Read an order of his Majesty in Council, dated the 28th of May, 1762, referring to the Board, for their consideration and opinion, a petition of sundry French Protestant refugees, praying to be settled in some of the British colonies in America.

fo. 179.

Their lordships having taken the said order and petition into consideration, and the Secretary having reported to them the substance of a conversation he had with a gentleman, who interests himself in the case of the petitioners, touching their state and condition, and the encouragement and allowances they expect, it was ordered, that the draught of a representation to his Majesty upon the said petition should be prepared.

North Carolina.

The draught of a letter to the Governor of North Carolina, in answer to one from him, having been prepared pursuant to order, was agreed to and ordered to be transcribed; as was also the draught of a representation to his Majesty, proposing that Charles Berry, Esquire, may be appointed of the Council of North Carolina in the room of Mr. Swan, deceased.

Massachusetts.

fo. 180.

The Secretary laid before the Board the following papers received from the Secretary of the Province of the Massachusets Bay.
Letter from Andrew Oliver, Esquire, to Mr. Pownall, dated 27th of January, 1762, inclosing,
Journal of the House of Representatives from the 12th to the 28th of November, 1761.
Four Acts passed in the Province of Massachusets Bay in November, 1761.

Ordered, that the Acts be delivered to the Clerk of the Council in Waiting, to be laid before his Majesty in Council.

New York.

fo. 181.

Their lordships took into consideration an Act passed in New York in 1761, entitled, an Act for the payment of the salaries and services of the several officers of the government; and it appearing, that these clauses of the said Act, which relate to the salaries of the Chief Justice and other judges of the Supreme Court, contained provisions of a new and extraordinary nature, declaring that the salaries should not be paid, unless the said Chief Justice and other judges accepted their Commissions during good behaviour, contrary to the express words and tenure of his Majesty's Commissions to the said Chief Justice and other judges, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the said Act may be repealed, and submitting it to his Majesty to take such measures for the support of his Royal Authority against the undutiful opposition of the legislature of New York, as should be thought most adviseable.

fo. 182.

Wednesday, June 9. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

North Carolina.

The draught of a representation to his Majesty, proposing that Charles Berry, Esquire, may be appointed of the Council of North Carolina in the room of Mr. Swan, deceased, having been transcribed pursuant to order, was signed.

Plantations General.

The draught of a representation to his Majesty, upon the petition of the French Protestant refugees, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

fo. 183.

New York.

Their lordships took into consideration the letters, which have been received from the Lieutenant Governor of New York since the Board's last letter to him, and, after some time spent therein, it was ordered, that the draught of a letter to him in answer thereto should be prepared.

Plantations General.

Their lordships took into consideration the draught of a Bill for the tryal and punishment of persons guilty of murder within the Admiralty jurisdiction in the Plantations, mentioned in the minutes of the 23rd of April last; and it was ordered, that the Secretary should transmit a copy of it to his Majesty's Advocate General, and also to the Attorney and Sollicitor General, for their opinions upon it.

fo. 184.

Massachusetts.

The Secretary then laid before the Board twenty nine Acts, passed in the Province of Massachusets Bay in 1761, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been read and considered, and no objection appearing to any of them, it was ordered, that they should lye by probationary, until the further operation and effect of them should be known.

fo. 185.

Their lordships at the same time took into consideration a letter from the Governor of the Massachusets Bay, dated the 3rd of August, 1761, mentioned in the minutes of the 19th of November last, which letter contains his remarks upon two of the above mentioned laws, the one for erecting a county and the other for establishing a new town; in so far as they regard the priviledge of sending representatives to the Assembly; and after some time spent therein, it was ordered, that the draught of a letter to the Governor upon this subject should be prepared.

Bermuda.

Read an Order of his Majesty in Council, on the 11th of March last, repealing an Act passed in the Bermuda Islands, for continuing of General Assemblies in case of the demise of his Majesty, his heirs or successors, and for making valid all Acts of the Governor and Council for the time to come, and all judgments and proceedings at law, which have already happened and shall happen between the death of any king or queen of Great Britain, and the notification thereof in these islands.

fo. 186.

Ordered, that the Secretary to transmit the said order of repeal to the Governor of the Bermuda Islands, together with a copy of the Board's representation to his Majesty in Council, upon the said Act.

Thursday, June 10. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

Plantations General.

fo. 187.

North Carolina.

Nova Scotia.

The draught of a representation to his Majesty, upon the petition of the French Protestant refugees, having been transcribed pursuant to order, was signed; as was also a letter to the Governor of North Carolina, and one to the Lieutenant Governor of Nova Scotia, in answer to letters received from them.

Massachusetts.

The draught of a letter to the Governor of the Massachusets Bay, upon the subject matter of the Acts, relating to the establishment of counties and towns, in so far as they regard the right of electing representatives in Assembly, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Virginia.

fo. 188.

The Secretary laid before the Board twenty six Acts passed in Virginia in March and April, 1761, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been read and considered, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the Act entitled, an Act to amend an Act entitled an Act concerning seamen, also another Act entitled an Act for preventing frauds in the Customs and in clearing of ships, for ascertaining Collectors' and Naval Officers' fees, and to prohibit and prevent the casting ballast or dead bodies into rivers or creeks, should be confirmed; and that the rest of the Acts should lye by probationary, untill the further effect and operation of them should be known.

fo. 189.

Friday, June 11. Present:—Lord Sandys, Mr. Bacon, Mr. Rice, Mr. Roberts, Sir Edmund Thomas.

New York.

Virginia.

The draught of a representation to his Majesty, upon an Act passed in the Province of New York in 1761, intituled, an Act for the payment of the salaries and services of the several officers of the government, having been transcribed pursuant to order, was signed, as was also a representation to his Majesty upon the Act passed in Virginia, mentioned in the preceding minutes.

Massachusetts.

fo. 190.

New York.

The draught of a letter to the Governor of the Massachusets Bay, mentioned in the minutes of yesterday, having been transcribed pursuant to order, was signed, as was also a letter to Mr. Colden, Lieutenant Governor of New York.