NORTH CAROLINA. By his Excellency Gabriel Johnston Esqr Cap Gen' & Govern' in Chief of the said Province. A Proclamation. Whereas the Lower House of Assembly instead of redressing the many Grievances the Country labour under for want of a sufficient maintenance being provided for the Clergy & proper additions to and amendments of the Laws in force which are at present so defective both which have been so often and so earnestly recommended to them, Have taken upon them in a very disorderly and undutiful manner to intimidate his Majesties officers in the execution of their duty by order of them into Custody, thereby to prevent the Collection of the Quit Rents so long due to his Majesty I do therefore by and with the advice and consent of his Majesty's Council, dissolve this Assembly, & this present Assembly is accordingly dissolved. March 4th 1734 William L. Saunders, editor, The Colonial Records of North Carolina (Raleigh, 1886), IV, 243-244. 64. Minutes of a Colonial Council (1752) BY SECRETARY CHARLES READ Read held various positions of trust in New Jersey, and in 1764 was commissioned chief justice of that state. The extract shows the combination of legislative, executive, and judicial functions in the Council. - Bibliography: T. F. Moran, Bicameral System; Channing and Hart, Guide, § 147. THE HE Minitts of the Council of the Province of New At a Council held at Elizabeth Town on Monday the PRESENT His Excellency the Governour The Honoble James Alexander, Andrew Johnston James Hude - Peter Kemble Esq His Excellency made the following Speech to the Council Gentlemen of the Council "This being one of our Stated Quarterly Meetings I shall be glad to hear any thing you have to offer for His Majestys Service as for the good of the Province and I wou'd now more particularly ask your Advice and Opinion whether it may be necessary or Expedient soon to meet the Assembly to see whether the Governour Council and Assembly can fall into any Act or Acts for the Better Suppressing the Riots and disorders which has disturbed the peace of the Province for a great Number of years past (long before my Arrival). "And also to have your advice whether it may be best to give Orders for an Especial and Speedy prosecution of such as have been or may be Apprehended for Breaking open the Kings Goals of the Province in these things I say I shall be glad of your advice and am always ready Chearfully to join with you in such measure as may be judgd will most of all Contribute to the Establishment of the peace and Tranquility of the Province." ELIZABETH TOWN August 10: 1752 J BELCHER The Council taking the same into Consideration are of Opinion that there is no reason to hope for any Success from any Application to the Assembly in Respect to the Riotts untill His Majesty shall be pleased to send His Especial Commands therein and therefore cannot [advise] His Excellency to call the Assembly on that Account only That as to the prosecutions they are of Opinion that His Majestys Attorney General shou'd proceed according to the known Laws of the Land and that they see no Room to give any particular direction therein. A Petition from the Mayor Recorder Aldermen and Common Council of the free borough of Elizabeth in behalf of themselves and others the Inhabitants within the said Borough to have their Charters Altered & some further Privligdes &c was read. A Petition of Joseph Bonney and his Letter of the 20th of July was read. The Council are of Opinion that Neither His Excellency or the Council can do any thing in Respect to the Petition of Joseph Bonney without aid of the Legislature that for anything that appears there may be relief for him in the Courts of Justice. The Council taking into Consideration the Petition of the Mayor Recorder &c of the Free Borough of Elizabeth are of Opinion that the same be referred to M Alexandr M: Hude M Johnston M Kemble M: Ogden or any three of them and that the Petitioners or some of them have Notice to deliver to the Committee a Draught of the Charter they Petition for. His Excellency was pleased to Nominate John Roye and Ichabord Tompkins as Justices of the Peace in the County of Somerset to whom the Council agreed. Orderd they be added to said Commission. Also Nominated Stephen Crane and Timothy Whitehead to be Justices of the Peace for the County of Essex to which the Council agreed: Ordered that they be added to the Commission for said Countys in Rank according to their Appointments. His Excellency by advice of Council signed the following Warrants. No 200. To himself for a Quarters Salary due this day. 203. To the Honoble James Alexander Esq' for one hundred and Seventy two days Attendance in Council between 29: of March 1749 to February 14: 1752 205. To Samuel Nevill Esq! Second Justice of the Supreme Court for Attending the Supreme Court at Burlington in May 1752 and for Holding the Court of Nisi Prius and Court of Oyer & Terminer in the County of Hunterdon on the Third Tuesday in May 1752 206. To Ditto for his Salary as Second Judge of the Supream Court from the 10 of May to the 10: of August 1752 207. To Charles Read Esq! for a Quarters Salary as Clerk of the Council for the Quarter ended this day 208. To Ditto for a Quarters Salary as Third Justice of the Supream Court for the Quarter ended this day. N 250. 0.0 15. 0.0 51.18.0 16. 0.0 6. 5.0 7.10.0 6. 5.0 209. To Joseph Warrell Esqr for a Quarters Salary as Attorney General for the Quarter ended this day 210. To Andrew Johnston Esq for a Quarters Salary as One of the Treasurers of the Province for the Quarter ended this day 7.10.0 10.00.0 211. To Samuel Smith Esq! for Quarters Salary as one of the Treasurers of the Province for the Quarter ended this day . 212. Samuel Smith Esq for Copying the Votes of the General Assembly and the Laws passed in the Sessions at Burlington in September and October 1751 Also for Pens, Ink & Paper 213. To John Smith a Quarters Salary as Clerk of the Circuits for the Quarter ended this day 214. To William Bradford in full of his Account allowd 215. To Ditto for One Hundred and Sixty Bound Books of the Laws of the Province as Act of General Assembly. 216. To Anthony Elton for a Quarters Salary as Door keeper to the Council for the Quarter ended this 10.00.0 10.18.0 5.00.0 141. 1.0 200.00.0 M Alexander acquainted His Excellency that Lewis Ashfield Esq was at the Door attending with his Majestys Mandamus to His Excellency for Swearing and admitting him One of His Majestys Council of this Province with a Certificate of his Acquital by due Course of Law of what he had been Chargd with and allegd as Reason for the Delay of his Qualification and prayd that he might be calld in. His Excellency adjourned the Council to Meet to morrow morning at Ten O'Clock. TUESDAY AUGUST II: 1752 The Council Met Present His Excellency the Governor The Honble James Hude, Andrew Johnston & Peter Kemble Esq" His Excellency gave the following Answer to the Motion of James Alexander Esq of yesterday. Gentlemen of the Council "After what I said to you in October last & is on the Council Minits I am Surprized at the Motion made yesterday by M! Alexander relating to the Kings Mandamus for admitting M! Ashfield into the Council wth weh I once more tell you, You have no Business or Concern nor will I hear anything from you about it this I say to save Yourselves or me any further trouble and if you are minded to show that Young Gentleman any Respect I would advise you to teach him his Duty in this matter To the Kings Governour and when he practices it he shall have my Answer." ELIZABETH TOwn August 1: 1752 J BELCHER His Excellency laid before the Board for their Consideration a Charter proposed for the Incorporation of the Five Dutch reformd Churches in the Counties of Middlesex, Somersett and Hunterdon weh being Read It is Orderd that it be Referrd to their next Quarterly meeting and that in the mean time the Secretary do procure the Statute of Mortmain. Compared with Minitts of Council of the Province of New Jersey of wch this is a true Copy William A. Whitehead, editor, Documents relating to the Colonial History of the State of New Jersey (Newark, 1885), VIII (i), 103-108 passim. 65. A Determined Veto Message (1742) BY GOVERNOR LEWIS MORRIS Morris was a member of the Council, chief justice, and finally governor of New Jersey. The extract is selected as an example of the absolute veto of governors.— Bibliography: E. C. Mason, Veto Power, § 7. THERE HERE are two Acts now before me to which my Assent is desired but they now come up in two distinct Acts, and if the other part, with respect to the Enregistring of deeds, had come up in a distinct Act also, then my assent had been desired to three Acts, which had been formerly repealed, by his Majesty, under one title in one bill; and all the three might have been as well ofrid [offered] for my assent as any two of them as it doth not appear for what particular part the Act before mentioned was disallow'd of tho' certain it is the whole and all the parts of it were disallow'd of; with what View was my Assent desired to Acts, disallow'd of by his Majesty & that even without a suspending Clause according to his Instructions, well known to you, unless it was to Expose me to Just censure for giving such Assent; and how kind it was to do so, I leave to be determined by all Indifferent persons; and |