"WHEREAS Difputes and Differences fre "quently arife and happen between Merchants, "&c. which cannot be determined by Legal Pro"cess, &c." If fuch Difputes cannot be determined by Legal Process, How then are they to be determined? It may appear trifling to the Reader to take notice of fuch abfurdities; but it will be a foundation for the following useful hints to fome of the Colony Legislatures, provided they will take notice of them. In the Colonies, the Planters and Mechanics that get into the Houfe of Reprefentatives, frequently think themselves capable of adding a claufe to, or altering the wording of a bill brought into the House of Affembly, without reflecting, that even ftatutes drawn by the ableft Judges in Westminster Hall, have occafioned doubts and law-fuits. I have known Bills paffed in the Commons House of Affembly, and fent to the Upper House for concurrence, which have been fo defective, both in language and fentiment, that they were incapable of any amendment otherwife than by drawing up a fresh form of a Bill, calculated to answer the fame purposes with the Bill fent up. In the Upper Houfe of Affembly, pains were accordingly taken to draw up a Bill, in the language of fome Act in the Statute Book of Great Britain, in a cafe of a fimilar nature; and fuch draught has been fent down by way of an amendment with the Bill that paffed the Commons House of Affembly. The Gentlemen below were not able to deny the abfurdity of their own Bill, and have adopted the draught fent down in lieu of it; but they have difgraced it fo much with ill-judged alterations, which they called amendments, that thofe those who were concerned in drawing it have been alhamed to own it. When an Act of Affembly has received the Governor's affent, it must be fent home to Great Britain within three months, for his Majefty's approbation or difallowance. If it receives his Majefty's approbation, the fame is fignified to the Governor by an order of the King in Council, which was formerly done in the following man ner: "At the Court at Kensington the 31ft of December 1696. PRESENT The KING'S Moft Excellent Majefty in Council. "Thomas, Lord Archbishop "Earl of Monmouth " of Canterbury "Lord Keeper "Lord Viscount Dursley "Lord Cornwallis "Lord Coningsby "Mr. Secretary Trumbull "Mr. Chancellor of the "WHEREAS his Majefty has been pleased, by his Royal Commiffion, bearing date the fix " and twentieth day of October one thousand fix "hundred and eighty-nine, in the first year of his reign, to authorise the Governor, Councils, and "Affemblies of their Majesty's Leeward Charib"bee Islands in America, jointly and feverally, "to make, conftitute and ordain laws, ftatutes, "and ordinances, for the public peace, welfare, "and good government of the faid Iflands; "which faid laws, ftatutes, and ordinances, are "to be, as near as conveniently may be, agree"able to the laws and ftatutes of this Kingdom, "and to be tranfmitted to his Majefty for his "Royal "Royal approbation or difallowance of them; " and the Council of Trade having perufed and and confidered certain laws, paffed in the Ge"neral Affembly of his Majefty's Island of Mont"ferrat, in the words following: Here the feveral Acts of Affembly approved of by his Majesty, were recited. "Which faid laws having been prefented to his Majefty, at this Board, his Majefty was gra"ciously pleafed, with the advice of his Privy "Council, to declare his approbation of the same, and, pursuant to his Royal pleasure thereupon, "the faid laws are hereby confirmed, finally enact❝ed, and ratified accordingly. W. BRIDGMAN." But now the method is, not to recite the Acts themselves in the order of Council, but only the titles of them; as will appear by the following form; "PRESENT "The KING'S Moft Excellent Majefty, "WHEREAS, by Commiffion under the "Great Seal of Great Britain, the Governor, "Council, and Affembly of his Majefty's Pro"vince of Georgia, are authorised and impowered "to make, conftitute, and ordain laws, statutes, " and ordinances for the public peace, welfare, "and good government of the faid Province, "which laws, ftatutes, and ordinances are to be, (as 66 as near as conveniently may be, agreeable to "the laws and ftatutes of this kingdom, and to "be tranfmitted for his Majefty's Royal appro"bation or difallowance: and whereas, in pur"fuance of the faid powers, an Act was paffed in "the faid Province in May 1760, and tranfmit"ted, intituled as follows, viz. "An Act for ftamping, imprinting, iffuing, " and making current, the fum of Seven "thousand four hundred and ten pounds "Sterling, in Paper Bills of Credit, and for "applying and finking the fame. "Which Act, together with a representation "from the Lords Commiffioners for Trade and "Plantations thereupon, having been referred to "the confideration of a Committee of the Lords "of his Majefty's most Honourable Privy Coun"cil for Plantation affairs, the faid Lords of the "Committee did this day report, as their opinion "to his Majefty, that the faid Act was proper to "be approved. His Majefty taking the fame "into confideration, was pleafed, with the advice "of his Privy Council, to declare his approba"tion of the faid Act; and, pursuant to his Ma jefty's Royal pleasure thereupon expreffed, the "faid Act is hereby confirmed, finally enacted, "and ratified accordingly; whereof the Gover"nor or Commander in Chief of his Majefty's "Province of Georgia for the time being, "and all others whom it may concern, are to "take notice and govern themselves accordingly. W. SHARPE." If a Governor has the leaft doubt whether an Act of Affembly, to which he is requested to give his affent, is conftitutional, or else infringes on his Majefty's prerogative, in that cafe, if he does not reject it, he ought at leaft to refuse his affent, until both Houfes of Affembly agree to add a clause to such Act, fufpending the execution thereof, until his Majefty's pleafure is known; which fufpending claufe may be in the words following: "AND be it further enacted, That neither this "Act, nor any thing herein before contained, "shall be of any force, power, or efficacy; but "the fame is wholly fufpended, until his Sacred Majefty's approbation and allowance thereof "fhall be fignified to the Governor or Com"mander in Chief for the time being; any thing " herein before contained to the contrary there"of in any wife notwithstanding." Or it may be thus': "PROVIDED laftly, and it is hereby de"clared, That neither this Act, nor any part "thereof, fhall take effect, until his moft Sacred "Majefty fhall notify his confirmation and allow"ance thereof to his Governor or Commander " in Chief of this Province for the time being; "any thing herein before contained to the con"trary in any wife notwithstanding." CHAP. |