therefore, at their next Meeting, renew your Endeavours to persuade them to recede from so unjustifiable a Disobedience to the Terms of the Mutiny Act, and should you not succeed, it will be my Duty to advise with the rest of The King's Servants upon the Measures it may be proper to pursue. The King approves of your Determination not to dissolve the Assembly upon this Occasion, & of your proroguing them in the manner you mention, in order to give them time for due Consideration of their Conduct, which will I hope induce them to correct it. I am &ca HILLSBOROUGH Letter from Mr. Pownall to John Robinson, relative to the Complaint of Mr. Hatton, Collector of the Customs at Salem. [From P. R. O. America and West Indies, Vol. 257 (275).] WHITEHALL July 19th 1771 Sir, John Robinson Esq I am directed by the Earl of Hillsborough to transmit to you the inclosed papers by which the Lords Commissioners of His Majesty's Treasury will be informed of the steps his Lordship has thought fit to take in consequence of your Letter to me of the 13th instant so far as the papers transmitted therewith relate to the case of the Naval Officer of Rhode Island & the Complaints made by the Officers of the Customs of the Ill-treatment and Obstruction they have met with in that Colony and at Philadelphia. With regard to the Complaint made by Mr Hatton Collector of the Customs at Salem in New Jersey his Lordship has not thought fit to take any Step thereupon, the whole of the Transaction of which M: Hatton complains, appearing to his Lordship by papers which have been received from the Governor of that Colony, & Copies of which I inclose, in a very different Light from that in which it is stated in the papers inclosed in your Letter to me. Lord Hillsborough however desires you will assure the Lords Commissioners of the Treasury that if they are not satisfied with the Result of the Examination at the Council Board of New Jersey into the Complaint exhibited by M Hatton against the Justices of the Peace, and with the Representation of this Matter in Governor Franklin's Letter to the Commissioners of the Customs at Boston of the 10th of April, & in the Attorney General's Letter of the 23a of February last, both which are very material, his Lordship will most readily concur with them in any further Measure they may recommend as necessary for enabling M Hatton to execute his Office. I am &c POWNALL Letter from Governor Franklin to the Earl of Hillsborough, relative to a dispute between the Governor and the Assembly, on the resignation of a member of the House (Mr. Ogden). My Lord, [From P. R. O. America and West Indies, Vol. 176 (194).] BURLINGTON, July 20th 1771 Since my last I have been honoured with your Lordships Letter of the 4th of May (N° 30).—It gives me Pleasure to find that His Majesty has been pleased to approve of M: Coxe for supplying one of the Vacancies in the Council of this Province, and I shall be happy to hear that M Lawrence is appointed to fill the other. Inclosed I send your Lordship a printed Copy of the Votes & Proceedings of the Assembly during the two last Meetings at Burlington. They contain nothing particular (besides the Messages I before transmitted relative to the Assembly's Refusal to grant Money for the Supply of the Troops) except three Messages which pass'd between us on the Subject of a Member having resign'd his Seat in the House on Account of his having become insolvent.' The House accepted his Resignation, and ordered their Speaker to issue his Warrant to the Clerk of the Crown, to make out a Writ for a new Election which the Clerk accordingly did, and apply'd to me to have the Great Seal affixed to it as usual. But, as I had some Doubts of the Legality of such a Resignation, I consulted the Council upon it, who were of Opinion with me that it was by no means regular or constitutional. It appears to me, indeed, that if it was once admitted that the Assembly have an uncontroulable Right to permit the Members to resign whenever they think proper, it would be nearly the same Thing as allowing them the Power of dissolving themselves; as a Dissolution might by such Means be brought about at any Time when the House should incline to have one, though against the Inclination of the Governor. The Law of the Province which directs the Qualifications of Members, and gives the House a Right to judge of their Qualifications, is similar to that in England. I apprehend that when the Person elected is judged to be duely qualified and admitted to take his Seat, it cannot be vacated merely on Account of his afterwards becoming a Bankrupt or Insolvent; and, if I mistake not, there are more than one who 1 See Governor's Franklin's letter of April 6th, 1772; also the letter of the Earl of Hillsborough of August 7th, 1772. hold their Seats in the present House of Commons tho' they have long since become Bankrupts, and consequently not possess'd of the Qualifications required by Law to entitle them to be elected. But the Assembly contend that in such a Case, if a Member does not resign, that they have the Right to expel him, as being the sole Judges of the Qualifications of the Members. There are Instances of Resignations being admitted, where it has been clearly proved that a Member was absolutely disabled by Bodily Infirmities from attending his Duty in Parliament, but not otherwise that I can find; and I imagine if Resignations in other Cases could be accepted by the House of Commons, it would not be so much the Practice as it is for Members to accept of Places under the Crown, for the Purpose only of vacating their Seats. However, as it appears to me to be a Matter which nearly concerns the Prerogative, I have refused to seal the Writ for a new Election until I can obtain further Light on the Subject, or receive His Majesty's Directions for my Conduct. I beg leave to refer your Lordship for the Particulars of what pass'd between me & the Assembly on this Head to Pages 11, 21, 22, 23, & 24 of the Votes & Proceedings sent herewith. I have the Honour to be, with the greatest Respect, P. S. I have receiv'd from M: Pownall Ten printed Copies of the Account of the Process used in Sweden in the Manufacture of Pitch and Tar, which I shall not fail to distribute in such Manner as may be most likely to answer the good Purposes intended.-W. F. Address of a Committee of the Clergy of the Church of England in New York and New Jersey, to Secretary Hillsborough, relative to the distressed state of the Church in those parts, through the want of Bishops. [From P. R. O. America and West Indies, Vol. 258 (276).] NEW YORK Oct; 12th 1771 To the Honorable the Earl of Hillsborough May it please your Lordship, We, his Majesty's dutiful, loyal and affectionate Subjects, the Clergy of the Church of England in the Colonies of New York and New Jersey, beg Leave to address your Lordship in Behalf of our distressed Church in this Part of the World, which, through the want of Bishops, labours under many Difficulties and Hardships. The Case of our Church in the Colonies, may it please your Lordship, is peculiarly hard. It exists only in a maimed, imperfect State, being destitute of the highest Order of its Clergy; whilst all other religious Denominations fully enjoy their respective Forms of Church Government. Even the Moravians and Roman Catholics have their Bishops; the various Sects of Dissenters completely exercise the Discipline, and possess the Privileges, of their several Systems. The national Church only, which is an essential Part of the Constitution, is excepted from this general Indulgence, and is denied the Privileges that are granted to others. This mortifying Distinction marks them out as the only Sufferers in this way. |