side of the Question, by which the Point was carried by a Majority of Twelve to Seven.

The Messages which passed between us on this Subject are enclosed, and Copies of the Minutes and Laws of the Session shall be sent to your Lordship as soon as they can be made out.

The Matter respecting the Appointment of an Agent, signify'd to me by the Board of Trade, I have likewise carried through, though a Point of great Difficulty with most of the Members, and which many of them told me it was impossible I should succeed in.

I have the Honour to be, with the greatest Respect, & Regard My Lord, Your Lordship's

most obedient & most humble Servant

W FRANKLIN.

Letter from the Earl of Hillsborough to Governor Franklin-the removal of the troops from New Jersey leaves no cause for disagreeable altercation with the Assembly.

Sir,

[From P. R. O. America and West Indies, Vol. 176 (194).]

Gov. Franklin,

WHITEHALL Jan'ry 11, 1772

I have received your dispatch N° 39, & have laid it before the King.

By the removal of the Troops from New Jersey there will be no occasion for any further demand that may give rise to disagreeable Altercation with the Assembly, & the only subject of Discussion that now remains is with regard to the Payment of the Arrears. This appears to me to be a matter that requires to be managed with some Delicacy, but as I observe that Gen

eral Gage has wrote to you fully on that subject, his Sentiments, and your own Discretion, will be better Guides for your Conduct than any thing I can say.

I am &c.a

HILLSBOROUGH.

Order of the King in Council, disallowing two Acts passed in New Jersey in October, 1770, and directing the Lords of Trade to prepare and lay before His Majesty a draught of an additional instruction to the Governors of all His Majesty's Colonies, restraining them from giving their assent to any law by which the lands, etc., of persons who have never resided within the Colony, shall be made liable to be attached for the recovery of debts due from such persons.

L. S.

[From P. R. O. B. T. Plantations General, Vol. 29 (27), U. 19.]

AT THE COURT AT ST JAMES'S THE 15TH.
DAY OF JANUARY 1772.

PRESENT

The King's most Excellent Majesty in Council.

Whereas there was this Day read at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs Dated the 10th of this Instant-viz—

"Your Majesty having been pleased by your order "in Council of the 27th of June 1771 to refer unto this "Committee a Representation from the Lords Com"missioners for Trade and Plantations in the words "following viz!

"We have had under our consideration two acts

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passed in your Majestys Colony of New Jersey in "October 1770 intituled,

"A Supplementary Act to an Act intituled An Act "for the better enabling of Creditors to recover their "just Debts from Persons who abscond themselves.

"An Act to Enable persons who are his Majestys "Leige Subjects either by Birth or Naturalization to "Inherit & hold Real Estates notwithstanding the "Purchase, Grant or Devise were made before Nat"uralization within this Colony

"Whereupon We humbly beg leave to represent to "Your Majesty

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"That by the first of these Acts the Lands Tenements Goods Chattels Rights and Credits of Persons who have never resided within the Colony are made "liable to be attached for the Recovery of Debts due "from such Persons, and although the Situation of "New Jersey, and its Connections with the Colonies "of New York and Pennsylvania in which the own"ers of Lands and Effects in New Jersey do frequently reside, do in some Degree distinguish it in this Case from other Colonies, Yet We are clearly "of opinion that the mischevious consequences of "such a Law when General must greatly outweigh "the Utility of it—

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"That by the second of these acts the Title and "Claim of every Inhabitant of that Colony to any "Lands or Tenements granted or made by any Alien "before naturalized by Law shall not be defective or 'disputable on the ground of such alienation either "in the Grantors or Grantees; a provision which tho' “evidently founded on principles of Humanity and "Good Policy, Yet is of such a Nature, and does so "materially affect Your Majestys Rights derived from "the Laws and Constitution of this Kingdom that it ought not to have been the object of a Law of that 'Colony without Your Majestys permission first ob

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"tained, from whose Bounty and Goodness alone an "Indulgence of this Nature ought to have flowed

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"For these Reasons We humbly lay these two Acts "before Your Majesty for Your Majestys Disallow'ance thereof, and crave leave further humbly to pro"pose that as the practice of passing Laws in the Col"onies of the nature of that first mentioned in this "Representation has of late but too much prevailed, "an additional Instruction should be given to the "Governors of all Your Majestys Colonies, restraining "them from giving their assent on any pretence "whatever to any Law by which the Lands Tene"ments Goods Chattels Rights and credits of persons "who have never resided within the Colony shall be "made liable to be attached for the Recovery of Debts "due from such persons

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"The Lords of the Committee in obedience to your Majestys said order of Reference this Day took the "said Representation and Acts into their Consider"ation, and do humbly Report to Your Majesty, that "they concur in opinion with what is above proposed "by the Lords Commissioners for Trade and Planta"tions, and to that End that it may be adviseable for "Your Majesty to Signify Your Royal Disallowance "of the said Acts; and to Direct the Lords Commis"sioners for Trade and plantations to prepare the "Draft of an additional Instruction to the Governors "of all your Majestys Colonies agreeably to what is "proposed in the above Representation of the said "Lords Commissioners

His Majesty taking the said Report into Consideration, was pleased, with the advice of His Privy Council, to approve thereof, and accordingly to Disallow the said Acts; And His Majesty doth hereby Order that the Lords Commissioners for Trade and plantations do prepare and lay before His Majesty at the Board, a Draft of an additional Instruction, to the Governors

or Commanders in Chief for the time being of all his Majestys Colonies restraining them from giving their assent on any pretence whatever to any Law by which the Lands Tenements Goods Chattels Rights and Credits of persons who have never resided within the Colony shall be made liable to be attached for the Recovery of Debts due from [such] persons

STEPH: COTTRELL

Representation from the Lords of Trade to the King, submitting a draft of an additional instruction to the Governors in America, in compliance with the foregoing order of the King in Council.

[From P. R. O., B. T., Plantations General, Vol. 42, p. 395.]

WHITEHALL Feb. 1, 1772

To the King's most Excell! Majesty.

May it please Your Majesty,

In obedience to Your Majesty's order in Council dated the 15th of January last, we have prepared, and herewith beg leave humbly to lay before Your Majesty Draughts of Additional Instructions to the Governors or Commanders in Chief of all Your Majesty's Colonies and Plantations in America, restraining them from giving their Assent to any Law, by which the Lands, Tenements, Goods, Chattels, Rights and Credits of Persons, who have never resided within the respective Colonies shall be attached for the payment of debts due from such persons, otherwise than as allowed by the Laws of this Kingdom.

Which is most humbly submitted