[P. 137.] Tuesday April 13th 1756. P. M. Mr. See brought down his Excellency's message to the Speaker & the Assembly Relating the Act for the Crown Point Expedition, and left it with the Speaker of yesterday's date. Governor's Message. [Copied from MS. GovTMs Messages, Vol. II, p. 389.] Mr. Speaker & Gentlemen of the Assembly, By your answer to my message of the 7th Instant, it appears to me that you neither incline nor intend to make the amendments in the Bill that lies before me that I recommended, but that you rather are disposed to compel me to consent to it as the bill now stands, however injurious it may be to his Majesties service, and from the sense of the House on the plain and intelligible clauses of his Majesties Commission and the Royal Instructions recited in both my messages; at all events you seem determined to force me to a complyance, or that the Expedition must be given up on the part of this Government; the latter shall never happen, if my private fortune and credit can keep it up; and if I could dispense with the King's Instructions, the Royal Prerogative the Powers Authorities and Reservations of the Crown, with as much ease as you do in the House, I should find no difficulty to persuade myself to consent to your Bill. Soon after it was his Majesties pleasure to place the Respective Governors of the Plantations under the immediate care and inspection of the Right Honourable the Lords Commissioners for Trade and Plantations, I had the Honour to receive from their Lordships the following commands and directions. "As the Instructions are calculated in general for the support of his "Majesties Prerogatives, and the Protection of his subjects in their just "Rights for establishing and preserving good Government in his Colo"nies, and promoting the welfare, quiet and prosperity of them, We "think it our duty to recommend it to you strictly to adhere to your In"structions, and not to deviate from them in any point." The succeeding Paragraph in their Lordships letter is in the following words: "The passing of Laws in a method inconsistant with his Majesties In"structions, is manifestly of great detriment to his Majesties service, "and the occasion of many difficulties, Insomuch as those Laws, though they contain the most salutary Provisions, cannot receive the Royal ap 66 "probation, but by his Majesty's dispensing with his Instructions: We "must therefore in a particular manner insist that in the passing of all "Laws you have a proper regard to the Regulations contained in your In"structions." The two following Paragraphs relate wholly to the appointments and reservations referr'd to in my Messages &c. "The Assemblies taking upon them to appoint Committees in their sev"eral Acts for the disposal of the money thereby to be Raised, and the "conducting the services to which it is applicable, is certainly a great en"croachment upon his Majesties Prerogative. The people have taken "advantage of the necessities of the Government to carry this practice "to such a height, That it is become just matter of complaint; to put a "stop to it in time well deserves the attention of the Government. "The Extraordinary Encroachments of the Assembly upon the Prerog"ative of the Crown in naming civil officers has been under our consider"ation and as soon as other affairs will permit, We shall further consider "thereof, and make a representation to his Majesty thereupon." Signed J. PITT CHS. TOWNSEND I think it for his Majesties service to give you the foregoing Paragraphs of their Lordships letters that you may be convinced that by your answers to my two last messages, you neither think nor see justly on the subjects I therein explained myself upon; and as it has been his Majesties pleasure that their Lordships Board should be the tribunal before which all acts from his Plantations should be considered and reported from, whether proper and fitted to lay before his Majesty for the Royal approbation, I recommend it to your consideration and as a matter most worthy of it, whether it is for the honour of the Crown and the Interest of the people you represent to persist in unconstitutional errors, which in the end must have a tendency to subvert the best ordered Government and Establish faction and keep a party spirit in countenance. I am sorry you cannot see how the Act for borrowing money of General Shirley bears any Relation to the Act now before me; but it appears to me to be the Basis on which the Expedition is founded, and untill that Act comes up I shall not be able to form any judgment in what manner the forces raising for the Expedition can be subsisted, and other contingencies which paper money will not provide for, paid with honour, so I shall rely on your promise to prepare it with all possible dispatch. In your passing that act I hope you will have due regard, that the respective branches of the Legislature have a full exercise of the Powers and Authorities assigned them, That no Injury may arise to his Majesties service for want thereof. Council chamber, B. WENTWORTH. Voted That Thomas Bell, Joseph Smith Esqs. & Capt Thom. W Waldron be a Comtee to waite on his Excellency with the Bill for borrowing six thousand pounds sterling of Gov Shirley, & to inform his Excellency that the house (as soon as ye act before him for emitting Thirty Thousand pounds was consented to by his Excellency) were ready immediately to pass this for Borrowing the sa £6000 ster, and that they could not see their way clear to pass it till then, for if his Excellency did not consent to the act before him, there would be no need of this-who Returned and said they had deliver'd the above message. Mr. Sec' bro't down the above mentioned Bill & informd the house that his Excellency would not pass the Bill before him for Emitting thirty thousand pounds till the other for borrowing money of General Shirley came up, that he had no exception against said Bill but what was contained in his message to the house, that the house might depend upon it, that his Excellency would not pass one without the other, that he would come up to morrow and sign both if ready. Mr. Speaker adjourned till 9 o'clock tomorrow morning. Wednesday April 14th 1756. [P. 138.] Met according to adjournment 9 o'clock, A. M. The Question being put whether the House would reconsider their vote of yesterday relating the Act for borrowing six thousand pounds sterling of General Shirley, & it passed in the affirmative. An act for supplying of the Treasury with the sum of six Thousand pounds sterling money of Great Britain, having been read three times Voted That it pass to be Enacted. Sent up by Thoms Bell, Joseph Smith, Esq. & Mr. Giddings. P. M. Mr Sec & Joseph Newmarch Esq. came down & Informd the house his Excellency was ready to pass the Acts now before him only he waited for an answer to his Mess" of ye 12th Inst. sent to the house the 13th. May it please your Excellency Wee humbly conceive that the message of both houses of the 8th Inst. in answer to your Excellency's message of the 7th is a full answer to your Excellency's message of the 12th laid before the house yesterday, and wee now beg leave to assure your Excellency that it is the disposition of this house to be exceeding tender of the Royal Prerogative, that any thing [P. 139.] that looks like an Incroachment thereon would be intirely disagreeable to the house and carefully avoided: the Matters in dispute do not appear to this house in the same light as your Excellency is pleased to Represent them, and tho' wee are ready at all times to yield the strictest obedience to the comands of his most gracious Majesty, and in his defence and service to lay out our lives and fortunes, wee cannot see at present how we can consistant with our Duty to his Majesty & faithfulness to our constituants make the proposed alterations in the Bill before y Excellency, for granting to his most excellent Majesty the sum of Thirty Thousand Pounds. Voted That preceeding answer be sent to his Excellency's message of the 12th Instant. Sent up by Collo Smith & Mr. French. Whereas it appears that Jacob Bayly, Leut. of Capt John Allcocks Company is entered in said Allcocks Roll the 234 of Septem', and it should have been ye 5th of Septem', at which time he Received Beating Orders, Therefore Voted that the said Jacob Bayly be allowed eighteen days (more than is in said Roll) amounting to five pounds sixteen shillings, and that the same be paid out of the money in the Treasury for the Crown Point Expedition. Sent up by Capt. Hale. Mr. Speaker adjourned till 9 o'clock tomorrow morning. Thursday April 15th, 1756. Met according to adjournment. Mr. Sec' came down and Inform'd the House that the Act for emitting Thirty Thousand pounds and the Act for Borrowing the sum of six Thousand pounds sterling of Gen' Shirley, & the Act for granting unto his most excellent Majesty Five thousand seven hundred & fifty pounds, were all concurred by the Council & consented to by his Excellency. [P. 140.] Voted That the Plates from which the late Emission of paper Bills for the Crown Point Expedition were struck, be delivered to the Committees appointed to get the Thirty thousand pounds Impressed for carrying on the Expedition to Crown Point this present year, & that they with all possible Dispatch get the Thirty Thousand pounds impressed according to the Act for Emitting said sum, and that the said Comittee be furnished with suitable money out of the Treasury to enable them to do the same, and that they be allow'd fifteen shillings in said Bills pr Day for their time and Expences, and if they are obliged to go to Boston their Expences to be born by y Prove. Sent up by Mr. Knight. Voted, That the Committee appointed (by the Act for Emitting Thirty thousand pounds,) to provide necessary stores for carrying on ye Expedition intended by said Act, be and they are hereby fully impowerd to provide all things necessary for promoting and carrying on s Expedition, and to do and transact every affair proper for a Committee to act in, relating thereto, and that when the Bills to be Emitted by said Act are in the Treasury, such sums thereof be paid to said Committee by his Excellency the GovTMs warrant as may be sufficient to answer the end afforesaid, and cause such necessary stores, Provisions &c. when provided to be trans ported to Albany and delivered to the Province agents appointed to reside there, and that sufficient sums of sterling money be also put into their hands to enable them to purchase such provisions, stores & defray such charges as cannot be purchased & defrayed with paper money, & to enable them to supply the said agents with money to defray the charge of transporting sd provisions & stores to the army, & that they render Acct to the General Assembly of such sums as they shall so Receive. Sent up by Mr. Knight. Mr. Sec bro't down his Excellency's message to the Assembly of this day as on file-the same was read. Mr. Speaker adjourned till 3 o'clock afternoon. Governor's Message. [Copied from MS. Gov's Messages, Vol. II, p. 393.] Mr Speaker & Gentlemen of the Assembly, As no provision has been made this session for the payment of that part of my salary which depended on the Interest arising from the £25,000, I think it proper (there being many new members) to acquaint you that on the 12th of June next, the Government will be in arrears to me, two years & a half, for want of a sufficient Fund to pay the same; the late Assembly it is true made two different Grants, viz. £250 new Tenor at one time, and £375 Proclamation money, during my Administration it was inconsistant for me to receive the said sums, I would hope you will be so just to your selves as to make a sufficient fund for the payment of the arrears, as well as to prevent future messages on this occasion, which are not so agreeable to me. You cannot but be sensible that all Emergencies in Government ought to be provided for either in the sum settled on me, or by after grants. The contingencys have even exceeded my own Expectations, among which I shall mention to you the Postage of Public letters, which have in some posts amounted to upwards of £30, old tenor; for this contingency there has never been any grant made, & it is now become so heavy, that I make not the least doubt of your makeing a full satisfaction for what is past, as well as for the future. The King's Fort at New Castle demanding more Repairs than what the grant of the late Assembly would effect, I have not thought proper to make any use thereof, untill you make suitable grants for putting that Fortress in a posture of defence suitable to the present occasions, which I hope you will speedily do, that I may give the necessary orders therein. B. WENTWORTH. Council Chamber in Portsmo, April 15th 1756. P. M. This afternoon taken up in consulting what Instructions are proper for ye agents going to Albany. Mr. Speaker adjourned till 9 o'clock tomorrow morning. [P. 141.] Fryday April 16th 1756. Met according to adjournment, 9 o'clock, A. M. |