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 Additional Instruction to Our Trusty and Wellloved William Campbell Esquire commonly called Lord William Campbell, our Captain General and Governor in Chief in and over Our Province of Nova Scotia in America. Given— Whereas Laws have been passed in some of our Colonies and Plantations in America, by which the Lands, Tenements, Goods, Chattels, Rights and Credits of Persons, who have never resided within the Colonies where such Laws have been passed, have been made liable to be attached for the recovery of debts in a manner different from that allowed by the Laws of England in like Cases; and whereas it hath been represented unto Us, that such Laws may have the consequence to prejudice and obstruct the Commerce between this Kingdom and Our said Colonies, and to affect public Credit; It is therefore Our Will and Pleasure, that you do not on any pretence whatever give your Assent to, or pass any Bill or Bills in Our Province under your Government, by which the Lands, Tenements, Goods, Chattels, Rights, and Credits of Persons who have never resided within Our said Province shall be liable to be attached for the Recovery of Debts due from such Persons, otherways than is allowed by Law in Cases of the like Nature within this Our Kingdom of Great Britain, until you shall have first transmitted unto Us, by one of Our Principal Secretaries of State, the Draught of such Bill or Bills, and shall have received Our Royal Pleasure thereupon, unless you take Care in the passing of such Bill or Bills, that a Clause or Clauses be inserted therein, suspending and deferring the execution thereof, until Our Royal Will and Pleasure shall be Known thereupon. A like additional Instruction was prepared for other Governors in the American Plantations. Order in Council approving the draft of the foregoing Additional Instruction. L. S. [From P. R. O. America and West Indies, Vol. 108 (109).] AT THE COURT AT ST JAMES's the 3o Day of February 1772 PRESENT The Kings most Excellent Majesty in Council. Whereas there was this day read at the Board, a Report from the Lords Commissioners for Trade and Plantations, together with Draughts of Additional Instructions to the several Governors or Commanders in Chief of His Majestys Colonies and Plantations in America (prepared by the said Lords Commissioners in Pursuance of His Majestys Order in Council of the 15th of last Month) to restrain them from giving their Assent to any Laws, 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-His Majesty taking the same into Consideration, was pleased, with the Advice of His Privy Council, to approve of the said Draughts of Additional Instructions (which are hereunto annexed) and to order, as it is hereby ordered, that the Right Honourable the Earl of Hillsborough, One of His Majestys Principal Secretaries of State do cause the same to be prepared for His Majestys Royal Signature. STEPH: COTTRELL Letter from Benjamin Franklin to Governor Franklin, in relation to the appointment of Colonial Agents in England. [From "Works of Benjamin Franklin," by Sparks, VII., 564.] LONDON, 30 January, 1772. MY DEAR SON: In your last you mention some complaisance of Lord Hillsborough towards you, that showed a disposition to be on better terms. His behaviour to me in Ireland corresponds exactly. * * The resolution of the Board of Trade to admit, for the future, no agents to appear before them, but such as are appointed by "concurrent act of the whole Legislature,”' will I think, put an end to agencies, as, I apprehend, the Assemblies will think agents under the ministerial influence, that must arise from such appointments, cannot be of much use in their Colony affairs. In truth, I think the agents, as now appointed, of as much use to the Government here, as to the Colonies that send them, having often prevented its going into mistaken measures through misinformation, that must have been very inconvenient to itself, and would have prevented more of the same 1 The Governor probably had referred to Lord Hillsborough's dispatches of July 3, July 19 and December 4, 1771, approving his conduct in various matters. 2 See letter from the Board of Trade to Governor Franklin, June 21, 1771. When Benjamin Franklin presented his credentials as agent of the Massachusetts House of Representatives, to Lord Hillsborough, on January 16, 1771, that nobleman hotly declined to recognize any agent not appointed by the concurrent act of both branches of the Legislature, and approved by the Governor. As Franklin wrote at the time: "This doctrine, if he coull establish it, would in a manner give to his Lordship the power of appointing, or at least negativing any choice of the House of Representatives and Council, since it would be easy for him to instruct the Governor not to assent to the appointment of such and such men, who are obnoxious to him; so that, if the appointment is annual, every agent that valued his post must consider himself as holding it by favour of his Lordship, and of course too much obliged to him to oppose his measures, however contrary to the interest of the Province. Of what use such agents would be, it is easy to judge."-Works, VII., 508, 510; VIII., 7. kind, if they had been attended to; witness the stamp and duty acts. I believe, therefore, we shall conclude to leave this omniscient, infallible minister to his own devices, and be no longer at the expense of sending any agent, whom he can displace by a repeal of the appointing act. I am sure I should not like to be an agent in such a suspicious situation, and shall therefore decline serving under every such appointment. Your Assembly may avoid the dispute you seem apprehensive of, by leaving the appointment of an agent out of the support bill, or rather, I should say, the sum for his salary. The money in my hands will pay him, whoever he is, for two or three years, in which the measure and the minister may be changed. In the mean time, by working with a friend, who has great influence at the Board, he can serve the Province as effectually as by an open reception and appearance. I am ever your affectionate father, B. FRANKLIN. Representation from the Lords of Trade to the King, with a draft of an additional instruction to the Governors in America, relating to an Alteration in the prayers for the Royal Family. [From P. R. O. B. T., Plantations General, Vol. 42, page 405.] WHITEHALL Feb 13, 1772 To the King's most Excell. Maj May it please Your Majesty, Pursuant to an Order of the Lords of Your Majesty's most Honble Privy Council, dated the 8th instant, directing us to prepare Draughts of Instructions proper to be sent to all the Governors of Your Majesty's Plantations in America, relating to the alterations in the prayers for the Royal Family, We herewith humbly |