REPRESENTATION OF THE BOARD OF TRADE.
To the King's most Excellent Majesty:
MAY IT PLEASE YOUR MAJESTY: We have had under our consideration two Acts passed in your Majesty's Province of New-York, in February 1773, entitled, "An Act to continue and amend an Act entitled 'An Act for the more effectual Punishment of persons who shall be guilty of any of the trespasses therein mentioned,' in the cities of New-York and Albany, and township of Schenectady; and An Act for Naturalizing the several persons therein named."
We have likewise referred these Acts to Richard Jackson, Esq., one of your Majesty's Council at law, for his opinion thereupon, who has reported to us in the case of the former of these laws, that he conceives it to be improper, in that it provides for a purgation by oath in a criminal matter, which is at once contrary to the genius of the laws of this country, and cannot but prove too frequently an irresistible temptation to perjury.
This objection, which Mr. Jackson has stated to the Act in question, appears to us to have such weight, and the consequences to which a regulation of this sort would most probably lead, ought with such caution to be avoided, that although the Act is for the continuance of an useful law, yet we think it our duty humbly to recommend to your Majesty to signify your royal disallowance of this Act.
The second Act is for the naturalization of sundry persons therein named.
The practice of naturalizing aliens by Acts of Assembly in your Majesty's Colonies and Plantations in North America and the West Indies having been specially prohibited by an additional instruction from your Majesty, forbidding your Majesty's Governours to give assent to any Bill or Bills for such purpose, this Act falls under the same description with others, which by your Majesty's Order in Council, have been disallowed, and which by the instruction above mentioned, in future are prohibited; but as it was passed previous to your Majesty's said instruction, and has already had its effect, we must submit to your Majesty, whether under these circumstances it will be necessary for your Majesty to signify your royal disallowance of this Act. All which is most humbly submitted.
DARTMOUTH, | BAMBER GASCOYNE, |
SOAME JENYNS, | ROBERT SPENCER, |
| WHITSHED KEENE. |
White Hall, May 12, 1774.
ORDER IN COUNCIL.
At the Court at St. James's the 6th day of July, 1774, Present: The King's Most Excellent Majesty, Duke of
Queensberry, Lord Chamberlain, Earl of Suffolk, Earl of Hillsborough, Viscount Falmouth, Lord Hyde, Sir Jeffery Amherst;
Whereas, by commission under the great seal of Great Britain the Governour, Council, and Assembly of his Majesty's Colony of New-York are authorized and empowered to make, constitute, and ordain Laws, Statutes, and Ordinances, for the public peace, welfare, and good government of the said Colony; which Laws, Statutes, and Ordinances, are to be as near as conveniently may be agreeable to the Laws and Statutes of this Kingdom, and are to be transmitted for his Majesty's Royal approbation or disallowance; and whereas, in pursuance of the said powers, an Act was passed in February 1773, and transmitted, entitled as follows, viz:
"An Act to continue and amend an Act, entitled, 'An Act for the more effectual Punishment of persons who shall be guilty of any of the trespasses therein mentioned,' in the cities of New-York and Albany, and township of Schenectady."
Which Act, together with a Representation from the Lords Commissioners for Trade and Plantations thereupon, having been referred to the consideration of a Committee of the Lords of his Majesty's most Honourable Privy Council, the said Lords of the Committee did this day report as their opinion that the said Act ought to be disallowed. His Majesty taking the same into consideration, was pleased with the advice of his Privy Council to declare his disallowance of the said Act; and pursuant to his Majesty's royal pleasure thereupon expressed, the said Act
is hereby disallowed, declared void, and of none effect, whereof the Governour or Commander-in-chief, of his Majesty's said Colony of New-York for the time being, and all others whom it may concern, are to take notice and govern themselves accordingly.
W. BLAIR.
PENNSYLVANIA COUNCIL.
At a Council held at Philadelphia, on Thursday, 4th August, 1774,
Present: The Honourable John Perm, Esquire, Governour, Benjamin Chew, James Tilghman, Andrew Allen, Esquires.
The Governour laid before the Board two Letters which he received within these three days from Captain St. Clair, at Ligonier, dated the 22d and 26th July, with sundry papers enclosed relative to Indian and other affairs in Westmoreland. And the same being read and considered, the Council advised the Governour to order a town to be immediately laid out in the Proprietary Manor at Kittaning, for the accommodation of the traders and other inhabitants of Pittsburgh, whom, by Captain St. Clair's advices would be under the necessity of removing from that town on account of the oppressive proceedings of the Virginians.
It appearing also by the intelligence contained in the above mentioned letters that though the disposition of the Shawanese and Delaware tribes of Indians towards the people of this Province, were entirely pacifick, the former tribe had separated themselves from the latter, and were removed to the Lower Shawanese Towns, on the Scioto, in order to prepare themselves for war against the people of Virginia, who seemed determined to pursue hostile measures with those Indians. It was the opinion of the Council that it would be proper for this Government immediately to despatch Messages to both those tribes, expressing our great concern at the late disturbances and the friendly disposition of this Government towards them, and earnestly advising the Shawanese to a reconciliation with the Virginians; and that a Letter be also wrote to the Earl of Dunmore, recommending to him to accommodate the unhappy differences between the Colony of Virginia and the Indians.
Mr. Tilghman and Mr. Allen were appointed a Committee to prepare draughts of the above Letter and Messages.
Memorandum, August 6, 1774.
The Governour this day despatched, by the express from Ligonier, a Letter to Captain St. Clair, and enclosed therein two separate Messages, to the Shawanese and Delatvares, on the Ohio, which had been prepared by the Committee of Council appointed to draught them, which Letter and Messages follow in these words, viz:
LETTER FROM THE GOVERNOUR TO CAPTAIN ST.CLAIR.
Philadelphia, August 6, 1774.
SIR: I have received your letters of the 22d and 26th ultimo, enclosing several depositions and letters relative to the present situation of affairs in Westmoreland.
As I find by all the intelligence you have from time to time communicated to me, that the Shawanese as well as Delawares have discovered a strong aversion to entering into a war with Virginia or this Province, and on the contrary have given repeated proofs of their sincere disposition to live in peace and harmony with both Colonies, I have, with the advice of my Council, thought it expedient to send messages to those tribes, expressing the great concern of this Government at the late unfortunate disturbances between them and some of his Majesty's subjects belonging to the Colony of Virginia; at the same time declaring our resolution to preserve the treaties of peace and friendship subsisting between us inviolate, and earnestly advising the. Shawanese not to strike the people of Virginia, as they, as well as the people of this Province, are all subjects of one and the same great King, who will be as much offended at an injury committed against any one part of his subjects as another, but to exert their best endeavours to settle the differences that have arisen between the Vir-
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