The Lords of Trade to the Lords Justices-with recommendations for the Council. [From P. R. O. B. T. New Jersey, Vol. XV, page 38.] To their Excellencies the Lords Justices May it please your Excellencies, Fenwick Lyell, Peter Baynton & Archibald Home Esq late Members of His Majesty's Council in the Province of New Jersey being deceased, and Edward Antill, James Hude and Andrew Johnston Esq being recommended to Us as Persons every way qualified to serve His Majesty in that Station, We humbly take Leave to propose to your Excellencies that they may be appointed of his Majesty's Council in New Jersey, in the room of the said Fenwick Lyell, Peter Baynton & Archibald Home Esq's Which is most humbly submitted Whitehall June 19. 1745. MONSON M BLADEN R. PLUMER B. LEVESON GOWER Communication from the Lords of Trade to the Lords Justices-making further recommendations for the Council of New Jersey. From P. R. O. B. T., New Jersey, Vol. XV, page 39.] To their Excellencies the Lords Justices May it Please your Excellencies, Cornelius Vanhorn, John Schuyler and John Wells Esq's late Members of His Majesty's Council in the Province of New Jersey, having desired Leave to resign their Seats in the said Council, the two former on Account of their private Affairs, and the latter on Account of his great Age and Infirmities, and Peter Kimboll [Kemble?], John Coxe, and Thomas Leonard Esq's being recommended to us as persons every way qualified to serve His Majesty in that Station, We humbly take Leave to propose to Your Excellencies that they may be appointed of His Majesty's Council of New Jersey, in the room of the said Cornelius Vanhorn, John Schuyler & John Wells EsqTM* Which is most humbly submitted J. PITT R. PLUMER B. L. GOWER Whitehall June 20. 1745. rs MONSON M BLADEN JA. BRUDENELL [Under date of September 18th, these appointments were all confirmed by the King in Council.] Representation to the Lords Justices from the Lords of Trade--proposing the repeal of the Act regulating fees. [From P. R. O. B. T. New Jersey, Vol. XV, page 146.] To their Excell'ies the Lords Justices May it please your Excellencies We have had under Our Consideration an Act passed in His Majesty's Colony of New Jersey in December 1743, Entituled an Act for ascertaining the Fees to be taken by the several Officers in the Colony of New Jersey. We have consulted M: Fane one of His Majesty's Counsel at Law upon this Act, who has no Objection thereto in Point of Law, but as M Morris, His Majesty's Governor of the said Colony, has informed us, that the Fees directed to be paid by this Act to the Officers of the several Courts of Judicature, are so inconsiderable that no Persons of Character or Reputation will care to accept of Employment therein, We humbly propose to your Excellencies; that the said Act may be repealed, and as a further Reason for the Disallowance thereof, We humbly take Leave to lay before your Excellencies the annexed Account of the Proceedings of the Assembly of His Majesty's said Colony upon this Occasion, taken from the Notes of that House, who ordered a Copy of this Act to be printed as a Rule for the People there to govern themselves by, notwithstanding it was passed with a Clause declaring that the same should not be in force till His Majesty's Royal Assent was had thereunto. Which is most humbly submitted Whitehall Augst 15. 1745. MONSON R PLUMER JA BRUDENELL An Account of the Proceedings of the Assembly of His Majesty's Province of New Jersey, in relation to an Act passed there in 1743, for ascertaining the Fees to be taken by the sev! Offices in that Colony. On the 21. of October 1743, a Bill entituled, An Act for ascertaining the Fees to be taken by the several Officers in the Colony of New Jersey, was brought into the House of Representatives of the said Colony, where being unanimously agreed to, it was carried up to the Council for their Concurrence, who made several Amendments to the Bill, some of which the Assembly objected to, and Committees of both Houses, were appointed to confer upon, and settle the same, which being done, the Bill was passed by the Governor, Council & Assembly with a Clause suspending the Execution of it until His Majesty's Pleasure should be known, notwithstanding which, the House of Representatives, with a design to defeat the true Intent and Meaning of the said Clause, did on the 5th of December following come to this Resolution, "That as there is no gen"eral Law for establishing Fees in this Colony yet in "Force, it is the Opinion of this House that the Act "entituled an Act for ascertaining the Fees to be taken "by the several Officers in the Colony of New Jersey, "passed by the Governor, Council and general Assem 66 66 bly this Session, as it has the Approbation of the "three Branches of the Legislature here, ought to "have a due Weight with the Judges and all others concerned and that they ought to take the said Act "for their Rule to govern themselves by, until His "Majesty's Pleasure be known concerning the same." And to the End that the said Act might be made publick for the Service aforesaid, they ordered it to be printed. The Governor alarmed at this unprecedented Behaviour & Proceeding of the Assembly, proposed to them, amongst several others the following Queries, viz by what Authority they took "upon themselves to say that an Act expressly enacted not to be in Force "till the King's Pleasure is known concerning it, ought "to be a Rule to the Judges & others to govern them"selves by?" 66 66 And likewise, "By what Authority they order'd the same to be printed as a Rule for the Government of "the People?" To which Queries the Governor desired a direct Answer; Whereupon the Assembly came to the following Resolution, "That as this House only gave their Opinion of an Act which had passed the three 66 "Branches of the Legislature here, and have not "assumed to themselves any unaccountable Authority "they think themselves not accountable for that Opin"ion, and that it is not consistent with the Honour "and Dignity of this House and the Trust reposed in "them, to give any other Answer." This Proceeding of the Assembly induced the Governor to take Notice (in a Speech he made to both Houses on the 10th of December 1743) of the Assembly of the Assembly's carrying that or any other Act into Execution, that had been Passed by the three Branches of the Legislature with a Clause providing that the same should not be in Force till His Majesty's Pleasure was known, and likewise told them that he hoped they would be more prudent than to make an order for printing the same; notwithstanding which at their next Session they carried their former Order into Execution, and a Copy of the Act was printed in the Votes of the House of Assembly of the 20th November 1744, for the purposes aforesaid. |