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The new ticket carried all but Harrison and Antis, and Fox and Hughes came in their room; but it is surprising that from upwards of 3900 votes, they shou'd be so near each other. Mr. Willing and Mr. Bryan were elected Burgesses by a majority of upwards of 100 votes, tho' the whole number was but about 1300. Mr. Franklin died like a philosopher. But Mr. Galloway agonized in Death, like a Mortal Deist, who has no Hopes of a Future Existence. The other Counties returned nearly the same members who had served them before, so that the old faction have still considerable majority in the House. Mr. Norris was as usual elected Speaker, but finding the same factious disposition remained, and a resolution to pursue the scheme for a change of the Government, he declined the Chair, and withdrew himself from the House, whereupon Joseph Fox, Esq., was chosen Speaker, but the Governor being absent, (attending his Lower County Assembly,) they dispensed with the form of presenting him for approbation, and went upon business. The first or one of the first resolves they made, was to send Mr. Franklin to London, in the capacity of agent for the Province, to assist Mr. Jackson. The opposition given to this measure, occasioned some debate, in the course of which the new Speaker gave some hints that a debate was needless, as the members had determined the affair without doors. The Gentlemen in the opposition, finding themselves overruled, drew up a protest in form (which you will see in a paper I shall enclose you, directed to be left at the Pennsylvania Coffee House), but could not get it entered on the minutes of the House. Mr. Franklin goes in the Capt. Robinson. Mr. Hamilton I believe will go in the next ship, but in a private capacity. A number of squibs, quarters, and half sheets, were thrown among the populace on the day of election, some so copious as to aim at the general dispute, and others, more confined, to Mr. Dickinson and Mr. Galloway, with now and then a skit at the Doctor, but these had little or no effect.

William B. Reed, Life and Correspondence of Joseph Reed (Philadelphia, 1847), I, 36-37.

62. Proceedings of a Colonial Legislature (1723)

BY THE GENERAL ASSEMBLY OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

This brief extract illustrates the variety of colonial business. - Bibliography: Channing and Hart, Guide, § 147. See also Contemporaries, I, Nos. 65, 104, 121, 131, 160, and below, Nos. 180, 187.

HE Hon. Samuel Cranston, Governor.

THE

Richard Ward, recorder.

Col. William Wanton, speaker.

Mr. John Coddington, clerk.

An Act for the better securing the pirates, now in His Majesty's jail, in Newport.

Forasmuch as there are thirty pirates brought into this harbor, by Capt. Solegarr, commander of His Majesty's ship the Grey Hound, and now in His Majesty's jail, in Newport, and it being suspected that they may endeavor to escape from thence, unless they are watched and guarded by night;

For the preventing of which, be it enacted by the General Assembly, and by the authority of the same it is enacted, that the field officers of the regiment of the militia on the islands, shall, and they are hereby empowered to order and set a military watch of such and so many men as they shall deem needful and necessary, to secure the said pirates from making their escape if attempted, and to set such penalties on default of not watching, as to them shall seem needful; and that the charge of the watch be paid out of the general treasury; any former law, custom or usage to the contrary hereof, in any wise notwithstanding.

Voted, that 100, be remitted out of the general treasury, to our agent in Great Britain, for the service of the colony; and Col. Wm. Coddington and the general treasurer procure bills of exchange or silver, to that value, and deliver it to the Governor, who is to send it to our agent.

Voted, that the £123, odd money, in the hands of Mr. Robert Gardner, late naval officer, be paid by him to Capt. Simon Ray, to and for the use of New Shoreham, to assist them in rebuilding their pier, they building it in two years' time.

Voted, that the sum of £642 12s. Id., of torn ragged bills in the treasury, be burnt in the presence of this Assembly; and it was burnt accordingly.

Voted, that the general treasurer get the colony house repaired, and refitted where needful; and the charges to be paid out of the general treasury.

Voted, that Mr. Daniel Updike, the attorney general, be, and he hereby is ordered, appointed and empowered to gather in the money due to this colony, for the importation of negroes, and to prosecute, sue and implead such person or persons as shall refuse to pay the same; and that he be allowed five shillings per head, for every slave that shall be hereafter imported into this colony, out of the impost money; and that he be also allowed ten per cent. more for all such money as he shall recover of the outstanding debts; and in all respects to have the like power as was given to the naval officer by the former act.

This Assembly is adjourned to the second Tuesday of September next ensuing.

God save the King.

John Russell Bartlett, editor, Records of the Colony of Rhode Island and Providence Plantations, in New England (Providence, 1859), IV, 329–330.

63. The Dissolution of an Assembly (1736/7)

BY GOVERNOR GABRIEL JOHNSTON

Johnston's experience in North Carolina was repeated in almost all the colonies. — For the refusal of assemblies to separate in 1774-75, see Nos. 184, 187 below.

I

WAS obliged to prorogue last Assembly at Edenton which at first promised very fair to settle this Country by enacting some good Laws. But an Emissary from the late Governour who arrived here during their sitting did amuse them with so many representations that it was impossible to do business with them, according to the last prorogation I met them here on the first current and recommended to their consideration the present miserable case of the Province. But instead of mending that the first thing they attempted was to take the Officers who distrained for his Majesty's Quit Rents during the time of Collection into Custody upon which I dissolved them by the enclosed proclamation. I hope Sir you will be so good as to say before their Lordships what I have now wrote to you in a very great hurry, But as the affair is pressing I hope you will excuse any oversight. I am Sir, yours, &c.,

Newbern March 11th 1734.

GAB: JOHNSTON

NORTH CAROLINA.

By his Excellency Gabriel Johnston Esqr Cap' Gen' & Govern' in Chief of the said Province.

A Proclamation.

Whereas the Lower House of Assembly instead of redressing the many Grievances the Country labour under for want of a sufficient maintenance being provided for the Clergy & proper additions to and amendments of the Laws in force which are at present so defective both which have been so often and so earnestly recommended to them, Have taken upon them in a very disorderly and undutiful manner to intimidate his Majesties officers in the execution of their duty by order of them into Custody, thereby to prevent the Collection of the Quit Rents so long due to his Majesty I do therefore by and with the advice and consent of his Majesty's Council, dissolve this Assembly, & this present Assembly is accordingly dissolved.

March 4th 1739.

William L. Saunders, editor, The Colonial Records of North Carolina (Raleigh, 1886), IV, 243–244.

64. Minutes of a Colonial Council (1752)

BY SECRETARY CHARLES READ

Read held various positions of trust in New Jersey, and in 1764 was commissioned chief justice of that state. The extract shows the combination of legislative, executive, and judicial functions in the Council. - Bibliography: T. F. Moran, Bicameral System; Channing and Hart, Guide, § 147.

THE

HE Minitts of the Council of the Province of New
Jersey on the 10th & 11th of August 1752

At a Council held at Elizabeth Town on Monday the
Tenth of August 1752

PRESENT

His Excellency the Governour The Honoble James Alexander, Andrew Johnston James Hude - Peter · Kemble Esq

His Excellency made the following Speech to the Council

Gentlemen of the Council

"This being one of our Stated Quarterly Meetings I shall be glad to hear any thing you have to offer for His Majestys Service as for the good of the Province and I wou'd now more particularly ask your Advice and Opinion whether it may be necessary or Expedient soon to meet the Assembly to see whether the Governour Council and Assembly can fall into any Act or Acts for the Better Suppressing the Riots and disorders which has disturbed the peace of the Province for a great Number of years past (long before my Arrival).

"And also to have your advice whether it may be best to give Orders for an Especial and Speedy prosecution of such as have been or may be Apprehended for Breaking open the Kings Goals of the Province in these things I say I shall be glad of your advice and am always ready Chearfully to join with you in such measure as may be judgd will most of all Contribute to the Establishment of the peace and Tranquility of the Province."

ELIZABETH TOWN August 10: 1752

J BELCHER

The Council taking the same into Consideration are of Opinion that there is no reason to hope for any Success from any Application to the Assembly in Respect to the Riotts untill His Majesty shall be pleased to send His Especial Commands therein and therefore cannot [advise] His Excellency to call the Assembly on that Account only That as to the prosecutions they are of Opinion that His Majestys Attorney General shou'd proceed according to the known Laws of the Land and that they see no Room to give any particular direction therein.

A Petition from the Mayor Recorder Aldermen and Common Council of the free borough of Elizabeth in behalf of themselves and others the Inhabitants within the said Borough to have their Charters Altered & some further Privligdes &c was read.

A Petition of Joseph Bonney and his Letter of the 20th of July was

read.

The Council are of Opinion that Neither His Excellency or the Council can do any thing in Respect to the Petition of Joseph Bonney

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