Additional instructions to the Colonial Governorsrelative to the revision and transmission of their laws.

[From P. R. O. B. T. Plantations General, No. 39, Ent. Book K, p. 291.]

Additional Instructions to Our Trusty and Wellbeloved'

Given at Our Court at St James's the 12th day of March 1752' in the twenty fifth Year of Our Reign.

Whereas many of the Laws heretofore passed in Our Colonies and Plantations in America respectively, have from time to time, been either entirely or in part repealed, and others of them are expired, altered, amended or explained by means whereof Persons not well acquainted with the said Laws may be led into Mistakes and great Prejudice and Inconvenience may arise, to Our Service. And whereas nothing can more effectually tend to promote Order and good Government, secure the Properties and Possessions of Our Subjects, and prevent Litigious Controversies and Disputes than a Clear and well digested Body of Laws, it is therefore our Will and Pleasure, and you are hereby required, and directed jointly with Our Council and the Assembly of Our Island of Jamaica, under your Government, forthwith to consider and revise, all and every the Laws, Statutes and Ordinances which are in force within Our said Island, excepting only such as

'A like instruction, mutatis mutandis, was sent to Henry Grenville, Governor of Barbadoes, William Matthew, of Leeward Islands, John Tinker, of Bahamas, William Popple, of Bermuda, William Glen, of South Carolina, Gabriel Johnston, of North Carolina, Jonathan Belcher, of New Jersey, George Clinton, of New York, Wm. Shirley, of Massachusetts Bay, Benning Wentworth, of New Hampshire, Edward Trelawny, of Jamaica.

2 Order of Council approving of those instructions, April 14, 1752.-ED.

relate to private Property, or are otherwise of a private nature, and in lieu thereof to frame and pass a complete and well digested Body of new Laws, taking especial care, that in the passing of each Law, due Regard be had to the Method and Regulations prescribed by our Instructions to you, and that no Law of any kind whatever, making a part of such new Body of Laws, be passed without a Clause be inserted therein, suspending and deferring the Execution thereof, untill Our Royal Will and Pleasure may be known thereupon. And it is our further Will and Pleasure, that when the said new Body of Laws shall have been so framed and passed as aforesaid, you do forthwith transmit each Law seperately under the Seal of Our said Island, together with very particular Observations thereupon, to Our Commissioners for Trade and Plantations, in order to be laid before Us in Our Privy Council for Our Approbation or Disallowance.

Report of the Lords of Trade to the Lords of the Privy Council, relating to the improper Publication made in New Jersey of an Order of their Lordships, and to some Proceedings of the Assembly of that Province.

[From P. R. O. B. T. New Jersey, Vol. 15, p. 365.]

To the Right Honble the Lords of His Majesty's most Honble Privy Council.

My Lords.

March 12th 1752

Robert Hunter Morris Esquire, One of His Majesty's Council & Chief Justice of the Province of New Jersey in America, hath lately laid before Us, amongst other

Papers relative to the State of Affairs in that Province, an extract of the Journals of the said Council transmitted to him by M: Alexander, a Member thereof, by which it appears that on the 3a of October last, the Speaker laid before the House a Paper, from the Governor which was read, and being enter'd at length upon the said Journal, appears to be a Copy of an Order of the Lords of the Committee of His Majesty's Council for Plantation Affairs, made in consequence of Our Report to their Lordships upon the State of Affairs in that Province, dated the 1st of June 1750. Mr Morris likewise laid before Us an Extract of a Letter from the said Alexander to him, dated at New York, the 27. of October 1751, in which, speaking of the Journals of the Council, he acquaints him, "That "the report of the Lords of the Committee enter'd "October 3 came from M Partridge, Agent to the "Province, to the Assembly, and instead of being "against them, they look'd upon it as a Conquest, or "that the matter was hung up for ever, and in the I mean time were determined to crush those who had complain'd of them"

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We thought it Our Duty upon this Information to call M Partridge before Us, who has acknowledged that thinking it his Duty to inform his Constituents of whatever pass'd here relative to the Affairs of the Province, and conceiving that the aforemention'd Order of the Lords of the Committee of Council was final, and of a publick Nature, he did obtain a Copy of it, and transmitted it to the Province: And We find by an authentick Copy of the Journal of the Council of said Province, lately transmitted to Us by M Belcher His Majesty's Governor, that on the 3a of October 1751. the Speaker laid before the House in a Legislative Capacity, from the said Governor a Copy of the said Order, which is enter'd at large upon the said Journal.

We must further beg Leave humbly to inform your

Lordships that it appears from the Votes of the Assembly of the said Province transmitted to Us by the said Governor that on the 15th of Octo! 1751 the said Assembly pass'd a Bill for the support of the Government for one year, and sent it up to the Council, who, on the 21, return'd it with some Amendments; That the Assembly not only rejected these Amendments, but separated them from the Bill, and came to a Resolution to send it up to the Governor, returning the Amendments to the Council with a Message, setting forth that as they were of no use to them, they knew "of no other method than returning them, keeping "the Bill in order to be presented to the Governor by "the hands of the Speaker, which they did in con"formity to that august House of Commons of Eng"land and the ancient Practices of the Assemblys of "New Jersey; that their first sending the Bill to the "Council proceeded from that spirit of complacency "and hearty desire of doing every thing in their Power "to propagate a good Harmony among the Branches "of the Legislature, & that, considering the present unhapppy Circumstances of the Colony, they were "willing to suspend some of their Priviledges, when "that Conduct seem'd most satisfactory to the Coun"cil," but the Bill returning with such a Train of Alterations to the Substance thereof sufficiently con vinced them that the yielding their Privileges, was not the way to establish Harmony, therefore they return'd the said proposed Amendm's to the Council, to whom they seem'd most properly to belong and retain'd the said Bill in order to present the same by the hands of their Speaker, to the Governour, to be by him laid before the Council.

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It appears however from the said Votes that the Governor refused to receive the said Bill so sent up to him by the Assembly, and that the Assembly thereupon sent it to the Council, that they might consider

whether they ought to recede from or adhere to their Amendments, and upon the Council adhering to their Amendments and desiring a Conference, the Assembly unanimously resolved that the Council had no right to amend a money Bill, and therefore they refused a Conference.

We must here observe to your Lordships that this Claim of the Assembly to exclude the Council from making any Amendments to money bills was constantly urged by them during the Administration of the late Governor, but as His Majesty has never allow'd of such a Privilige in the Assemblies of other Provinces, this Board upon all such occasions earnestly recommended to the said Governor to continue a vigourous Opposition to such unwarrantable Pretensions.

As some of the Facts abovemention'd relate to the improper publication of an Order of your Lordships, and the Proceedings in the Province of New Jersey appear to Us greatly to affect the future peace of the said Province, the State of which has been lately under the Consideration of your Lordships, We thought it Our Duty to lay these matters fully before your Lordships..