suppose that he would Deny any thing to the Colonies under his immediate Government that will tend to their well being and prosperity which this Act plainly will, and Does in those Colonies which Enjoy the Benefit of it, On the Contrary it would Greatly tend to his Majesties Honour and Interest that the Colonies under his Immediate Government had their Liberties and Properties Even better Secured by Good Laws than in those Charter Governments. The Certain Consequence whereof would be That such Colonies under his Majisties immediate Government would flourish more than the Charter Colonies now do. That would tend to make those Colonies indifferent as to their Charters and in time to give them up and to Chuse his Majesties immediate Government in the place thereof. Whereas while this Colony remains in its past uncertain State as to the Liberties and Properties of the People, Those neighboring Colonies get our people from us, and are taught by our Sufferings highly to value their Charters and to pity our Misfortunes.

Sixthly-Its not Charter Governments only that have the priviledge of frequent Election of Representatives for their General Assembly,-For we are well assured that South Carolina and North Carolina have likewise that priviledge the first an Annual Election and the last a biennial, But as to them it may be said, they had those Priviledges while they were Charter Governments, But as to that we are informed that Barbadoes--Anti& the other Leward Islands never were Charter Governments and yet they have the Priviledge of an Annual Election Whether any and which of the other Colonfes have such priviledges we are unacquainted, But whither they have or not we Conceive is very Little to the Question, which we think is,

gua

Whether as this Colony is Scituated betwixt Colonies on both Sides which have it. And as this Colony has greatly Suffered and now suffers thro' the want of it, It be possible for this Colony to preserve its inhabitants and to prosper, and to keep on a footing with the neighbouring Colonies without that priviledge which they enjoy so much tending to their happyness, advantage and prosperity.

And whether the Declining State of this Colony thro' the want of that Law does not tend to the Loss of the Indian Trade,

to the Dispeopling of this Colony, to the Possessing of it by the French, and to the Loss of all the other Colonies in Consequence of it.

REPRESENTATION TO THE KING.

Augt 10th 1738.

To the kings most Excellent Majesty

May it please your Majesty

We have had under our consideration an act passed in your Majestys Province of New York in December 1737 intitled "An Act for the frequent elections of Representatives to serve in Gen1 Assembly and for the frequent calling and meeting of the General Assembly so Elected."

We have likewise had the opinion of Mr Fane one of your Majesty's Council at Law, and are of opinion with him that it is an Infringment of Your Majesty's Prerogative by taking away the undoubted Right which the Crown has always exercised by calling and continuing the assembly of this Colony at such times and as long as it was thought necessary for the publick service, and as no reason has appeared to us to require such an Innovation, we humbly lay the same before Your Majesty for your Royal Disapprobation,

Which is most humbly submitted

Whitehall

August 10th 1738

R. PLUMER
M. BLADEN
MONSON

JA. BRNDENELL

VETO OF THE TRIENNIAL ACT.

[Council Min. XVII.]

AT THE COURT OF ST. JAMES's the 30th Novr 1738.

The KINGS MOST EXCELLENT
Arch Bishop of Canterbury

Lord Chancellor.
Lord President.

Duke of Montagu.
Earl of Pembrooke.
Earl of Graintham.

Earl of Cholmondley

Present
MAJESTY.

Earl of Abercorne.
Earl of Selkirk
Lord Harvey.
Lord Harrington

Mr Speaker

Sr Paul Methuen.

Horatio Walpole Esq.

WHEREAS by Commission Britain, the Governour Council and Assembly of His Majesty's Province of New-York, are Authorized and Impowered to make, Constitute and Ordain Laws, Statutes and Ordinances, for the Publick Peace, Welfare and Good Government of the said Province; which Laws, Statutes and Ordinances are to be, as near as conveniently may be, agreeable to the Laws and Statutes of this Kingdom, and to be transmitted for His Majesty's Royal Approbation or Disallowance; And Whereas in Pursuance of the said Powers, An Act was past in the said Province in Decr. 1737. Entitled

under the Great Seal of Great

"An Act for the frequent Election of Representatives "to serve in General Assembly and for the "frequent calling and meeting of the General "Assembly so Elected."

Which act together with a Representation from the Lords Commissioners for Trade and Plantations proposing the Repeal thereof, having been referred to the Consideration of a Committee of the Lords of His Majesty's most Honble Privy Council for Plantation Affairs, The said Lords of the Committee did this day Report to His Majesty as their opinion, that the said Act ought to be repealed:-His Majesty taking the same into his Royal Consideration, was pleased, with the advice of his Privy Council, to Declare his Disallowance of the said Act, and

256

TRIENNIAL ELECTIONS IN THE PROVINCE OF NEW YORK.

pursuant to His Majesty's Royal Pleasure thereupon Exprest, the said act is hereby repealed, Declared void, and of none effect: Whereof the Governor or Commander in Chief of His Majesty's Province of New York for the time being, and all others whom it may concern, are to take Notice and Govern themselves accordingly

JA: VERNON. Albany Octr 7th 1758.

NOTE. A Law, commonly called the Septennial act, was passed in 1743, by which the continuance of the Provincial Assembly was limited to seven years. This Act remained in force down to the Revolution--ED.