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At a Council held at Philadelphia, on Monday 11th October, 1773.
jun" Mr. John Shee, who was appointed by an Order of Council of the 9th of August last, Factor or Agent for the Master of the French Snow, D'auberton, which put into this Port in Distress, reported to the Board that the said Snow is now repaired and made fit to Prosecute her intended Voyage, and will be ready to sail in a few days; at the same time produced his account of repairs and Charges of refitting her, by which it appears that there is a Bal. lance of £237 6 due to him from the Master of the said Snow, and therefore, prayed Liberty to sell as much of her Cargo as will be sufficient to reimburse him. The matter being taken into Consideration, the Governor, by the advice of the Council, doth hereby Grant Permission to the said John Shee, to sell and dispose of as much Indico belonging to the Cargo of the said Snow, as will be sufficient to discharge the Ballance of his said account.
The Governor having received by the last Packet a Letter from the right Honorable the Earl of Dartmouth, one of his Majesty's Principal Secretaries of State, dated the 4th day of August last, enclosing His Majesty's Orders in Council, respecting thirty acts of Assembly passed in this Province, with an Instrument of Writing, under the Privy Seal, adjudging and declaring one vf the said acts to be void, and a like instrument signifying his Majesty's disallowance of one other of the said Laws, laid the same before the Board, which was severally read and are as follow, Viz' :
“WHITEHALL, 4th August, 1773.
6 Sir :
“ Inclosed, I send you by the King's Command, an Order of his Majesty in Council of the 7th of April last, upon a Consideration of several Laws passed in Pennsylvania in March and September 1772; also, an order in Council of the 19th of May last, upon an Act passed in March, 1772. I likewise transmit to you, in order to their being published, two Instruments which have passed under the Privy Seal, signifying his Majesty's adjudication and declaration of two of the Acts therein mentioned to be void.
“I am, Sir,
6 DARTMOUTH. “ Deputy Gov'r of Pennsylvania.”
[Here follows a blank of six pages in Council Book.]
At the Court of St. James's, the 19th day of May, 1773.
PRESENT. [L. S.] THE KING'S MOST EXCELLENT MAJESTY. Lord President,
Earl of Bristol, Duke of Queensberry,
Earl of Pomfret, Duke of Ancaster,
Viscount Falmouth, Lord Chamberlain,
Lord Edgecumbe, Earl of Denbigb,
Lord Hyde, Earl of Sandwich,
James Stuart Mackenzie, Esq". Whereas, there was this day read at the Board, a Representation from the Right Honorable the Lords of the Committee of Council for Plantation affairs, upon an Act passed in the Province of Pennsylvania in March 1772, for Naturalizing William Hembell, which representation is dated this day, and is in the words following, viz':
“Your Majesty having been pleased by your order in Council of the 15th of January last, to referr to the Lords Commissioners for Trade and Plantations, several acts passed in the Province of Pennsilvania, and amongst others an act Passed there in March 1772, entituled
“An Act to enable William Hembell of the City of Philadelphia, Taylor, to hold Lands, and to invest him with the Privileges of a natural born Subject of this Province.
“ The said Lords Commissioners for Trade and Plantations, pursuant to your Majesty's aforementioned order of Referrence, have reported to this Committee, that this act contains the like Clauses and Provisions with an Act passed for similar purposes, stated in a Report of the said Lords Commissioners of the 13th of April 1772, to which they Referr, and submit what advice may be proper to be given to your Majesty thereupon; And the Lords of the Commit. tee having thought Proper to refer this Matter to your Majesty's attorney and Solicitor General, to Consider thereof, and report to this Committee their opinion, whether the exercise of such Powers by the Legislature of the Province of Pennsylvania be not repug. nant to the act of Parliament, passed in the 13th year of King George the second, entituled . An Act for naturalizing such Foreign Protestants, and others therein meutioned, as are settled or shall settle in any of his Majesty's Colonies in America, and to the several acts of Parliament passed in this Kingdom for regulating the Plantation Trade, your Majesty's said Attorney and Solicitor General have accordingly reported to this Committee, "That there is nothing in the act which is repugnant to the act of the Thirteenth of King George the Second, but they are of Opinion, that the Privileges which this Act offers to confer, are considerably more extensive than any Provincial Assembly hath Authority to give. That it bath been doubted whether the Parliament of Ireland, which is a Kingdom, & of Great antiquity, could Naturalize to any
effect, and proved irrefragably; that it could not give, as this act imports, all the Privileges of a natural Born Subject in any other place than that Island. The doubt was conceived upon this, that the King cannot Naturallize, and their Power is derived from his Majesty's Charter, and it had never been used before the tenth of King Charles the first; which Objections apply much more distinctly in point of Fact and History to the American Colonies. But supposing they are thought competent to naturalize to Effects merely local, and which don't interfere with the Laws of Great Britain, The act now under Consideration is exceptionable, be. cause it purports to give all the qualities of a natural born Subject of Great Britain, and particularly the Liberty of Trading contrary to the Plantation Act.” The Lords of the Committee, upon Con. sideration of what is above stated in the report of your Majesty's Attorney and Solicitor General, do agree humbly to represent to your Majesty as their opinion, that it may be adviseable for your Majesty to adjudge and declare, under your Privy Seal, the afore. mentioned Act for naturalizing William Hembell to be void.
“ His Majesty taking the said representation into Consideration, is pleased with the advice of his privy Council to approve thereof, and having adjudged and declared void the aforementioned act passed in Pennsylvania in March, 1772, entituled “An Act to enable William Hembell of the City of Philadelphia, Taylor, to hold Lands and to invest him with the Privileges of a natural born Subject of this Province.”
“ His Majesty hath thought proper to direct the Lord Privy Seal to prepare and pass, under the Privy Seal, a proper instrument signifying such his Majesty's Adjudication and Declaration of the said act to be void, and the Proprietaries of the province of Pennsylvania, their Lieutenant or deputy Governor, and the Assembly of the said Province, and likewise all others whom it may Concern, are to take notice and Govern themselves accordingly.
“STEPH, COTTRELL." The Board having Considered of the manner of Publishing his Majesty's Repeal of the two Laws mentioned in the above Instruments, agreed that the same should be done by a Proclamation, which was prepared by the Secretary, and being approved, was ordered to be published in the several News-Papers.
The Proclamation follows in these words, viz : "By the Ilonourable JOHN PENN, Esquire, Governor and
Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware:
“ WHEREAS, His Majesty, by an Instrument of Writing under the Privy Seal, bearing date the twenty-seventh day of April Last, Lately Transmitted to me by one of his Majesty's principal Secretaries of State, has been pleased to adjudge and declare void an act of Assembly of this Province, passed in March, 1772, intituled "An Act to dissolve the Marriage of George Keemple of the City of Philadelphia, Barber, with Elizabeth his wife, late Elizabeth Miller, and to enable him to marry again." And Whereas, his Majesty, by a like Instrument, under the Privy Seal, bearing date the eighth day of June last, did also adjudge and declare void one other act of Assembly of this Province, passed in March, 1772, intituled "An Act to enable William Hembell of the City of Philadelphia, Taylor, to hold lands, and to invest him with the Privileges of a natural Subject of this Province.” I have therefore thought fit to signify and make known the same to all persons within this Gov. ernment, in order that they may take notice thereof, and Govern themselves accordingly. "Given under my Hand and the great Seal of the said Province,
at Philadelphia, the eleventh day of October, in the Year of our Lord one thousand seven hundred and seventy-three, and in the Thirteenth year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France, and Ireland, King, defender of the Faith, and so forth.
“JOHN PENN. “By his Honour's Command. “JOSEPH SHIPPEN, Jun" Secretary.
" GOD SAVE THE KING."
Council Chamber, the 15th day of October, 1773.
A Committee of the Assembly waited on the Governor yesterday, and acquainted him that, pursuant to the Charter of Laws of this Province, a Quorum of the Representatives had met and chosen their Speaker, and requested to know at what time his Honour would be pleased to receive the House, that he may be presented for his Honour's approbation. The Governor having appointed this day at 12 o'Clock for that Purpose, acquainted the House by the Secretary, that he attended his appointment in the Council Chamber, and was ready to receive the House with their Speaker.
The whole House then waited on the Governor, and presented Joseph Galloway, Esquire, as their Speaker, who, after receiving the Governor's approbation, claimed the usual Privileges in the name and behalf of the House, to which the Governor replied that they were undoubtedly essential in a Representative Body, and that he would at all Times protect the House in the full enjoyment of them.
Eodem Die, P. M. The Governor sent down to the Assembly by the Secretary for their Perusal, His Majesty's Orders in Council, of the seventh day of April and 19th day of May last, respecting 30 Laws passed in this Province, with two Instruments under the Privy Seal, declaring two of the said Laws to be null and void, which papers are entered on the Council Minutes of the 11th of this Month.
Saturday, October 16th, 1773.
Two Members of Assembly waited on the Governor, and acquainted him that the House inclined to adjourn to Monday the 29th of November next, if his Honour had no objection thereto. The Governor replied that he had no objection to their Proposed adjournment.
MEMORANDUM, the 19th of October, 1773.
The returns of Sheriffs and Coroners for the Counties of Westmoreland and Sussex being now made, the Governor was pleased to Commissionate the the Persons following as Sheriffs and Coroners of their respective Counties, Viz':
Names of Counties. Officers. Names of Officers.
Sheriff. John Procter. William Lochry.
New Castle, the 21st of October, 1773, P. M.
A Committee of Assembly waited on the Governor, and Acquainted him that the House had met yesterday, pursuant to the Charter of this Government, and having Chosen their Speaker, requested to know when and where the House should wait on His Honor, in order to present him, and the Governor having answered that he should be ready to receive the House for that Purpose immediately at his Lodgings, The House accordingly waited on him, and presented Cæser Rodney, Esq” as their Speaker, who being approved by the Governor, claimed the usual Privileges,