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The house, however, plied him with another message, and received such another illusory answer; they also again put him in mind of the forty thousand pounds supply-bill: and were told (notwithstanding his pressing message at the opening of the session) "That he had not read it through; but that he thought it stood in need of amendments." He also told the two members employed upon that occasion, "He was just then setting off for Newcastle ;" and they acquainting him farther, “That, as it would be extremely inconvenient to the country-members, to continue sitting till his return, and as there was no business depending of any importance, but what lay before the governor, they had thoughts of adjourning that day (being July 5) to the second of August, by which time the harvest would be nearly over," his answer was, 'That he had no objection to their adjourning over the harvest, and that he approved of the time proposed.'

And the house, on the return of their messengers, having first resolved, "That any ill consequences which might attend the governor's not passing their supplementary bill (for exporting provisions for the king's service notwithstanding the embargo) would not lie at their door," did adjourn accordingly.

After all which, on that very day fortnight, (July 19,) in the very midst of the harvest, did this worthy governor oblige the members by special summons to meet him; the occasion of which is thus set forth in his message to the house of that day, to wit.

'Gentlemen, at your instance I called the assembly of the lower counties, and pressed them to continue the prohibition of provisions and warlike stores to the time limited by the laws of New York, and Jersey, but they chose only to continue it till the 20th instant, and from thence for so long time as the legislature of this province should pass or continue a law for the like purposes, provided the same did not exceed the 22d day of October next. I am thereby laid under the disagreeable necessity of calling you together at this busy season, in order to have the embargo continued for the same

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time that it is in the provinces of New York and Jersey; and as the acts of assembly passed for the prohibition of provisions and warlike stores will expire with to-morrow, I hope you will immediately enter upon this matter, and give it all the dispatch the nature of the thing requires. The secretary will lay before you a copy of the act of the lower counties, and you will, by proper clauses in the law you may think it necessary on this occasion to propose, leave me at liberty to send supplies to such of the king's ships and forces as may be employed in any part of America, and to put the trade of this place, while the embargo lasts, upon the same footing it is in the other bread colonies.'

And the very next day the merchants, owners, and masters of vessels then lying in the port, presented a petition to the house, "setting forth, the damages and losses they had already sustained for want of being allowed proper clearances; as also the disadvantages, discouragements, and losses which the whole province would15 specially and unavoidably be liable to, in case the embargo was to be continued for a longer time, than by the late law was provided; recommending bonds with sufficient penalties, to be discharged only by the certificates of the British consuls residing at such foreign ports, as the several vessels and cargoes were entered for, and consigned to, as the only proper expedient to answer the ends proposed by such laws, without destroying their trade, on which the well being of the province depended; and requesting such relief and assistance in the premises as they, in their wisdom, should judge most expedient; as no wise doubting their ready and hearty disposition towards the general good and service of their country."

Fruitlessly dismissed, and impertinently reconvened, as the assembly had been, within so short a time, a warm expostulation was the least that could be expected upon it; and yet the warmth they shewed was by no means equal to the pro

15 Boston having little of provision to export besides fish, which was excepted by their act; New York having a tolerable market, because the forces took off a great part of their product; and Virginia and Maryland having had their ports open all this time.

The house, however, plied him with another message, and received such another illusory answer; they also again put him in mind of the forty thousand pounds supply-bill: and were told (notwithstanding his pressing message at the opening of the session) "That he had not read it through; but that he thought it stood in need of amendments." He also told the two members employed upon that occasion, "He was just then setting off for Newcastle ;" and they acquainting him farther, "That, as it would be extremely inconvenient to the country-members, to continue sitting till his return, and as there was no business depending of any importance, but what lay before the governor, they had thoughts of adjourning that day (being July 5) to the second of August, by which time the harvest would be nearly over," his answer was, “That he had no objection to their adjourning over the harvest, and that he approved of the time proposed.'

And the house, on the return of their messengers, having first resolved, "That any ill consequences which might attend the governor's not passing their supplementary bill (for exporting provisions for the king's service notwithstanding the embargo) would not lie at their door," did adjourn accordingly.

After all which, on that very day fortnight, (July 19,) in the very midst of the harvest, did this worthy governor oblige the members by special summons to meet him; the occasion of which is thus set forth in his message to the house of that day, to wit.

'Gentlemen, at your instance I called the assembly of the lower counties, and pressed them to continue the prohibition of provisions and warlike stores to the time limited by the laws of New York, and Jersey, but they chose only to continue it till the 20th instant, and from thence for so long time as the legislature of this province should pass or continue a law for the like purposes, provided the same did not exceed the 22d day of October next. I am thereby laid under the disagreeable necessity of calling you together at this busy season, in order to have the embargo continued for the same

Rr

time that it is in the provinces of New York and Jersey; and as the acts of assembly passed for the prohibition of provisions and warlike stores will expire with to-morrow, I hope you will immediately enter upon this matter, and give it all the dispatch the nature of the thing requires. The secretary will lay before you a copy of the act of the lower counties, and you will, by proper clauses in the law you may think it necessary on this occasion to propose, leave me at liberty to send supplies to such of the king's ships and forces as may be employed in any part of America, and to put the trade of this place, while the embargo lasts, upon the same footing it is in the other bread colonies.'

And the very next day the merchants, owners, and masters of vessels then lying in the port, presented a petition to the house, "setting forth, the damages and losses they had already sustained for want of being allowed proper clearances; as also the disadvantages, discouragements, and losses which the whole province would15 specially and unavoidably be liable to, in case the embargo was to be continued for a longer time, than by the late law was provided; recommending bonds with sufficient penalties, to be discharged only by the certificates of the British consuls residing at such foreign ports, as the several vessels and cargoes were entered for, and consigned to, as the only proper expedient to answer the ends proposed by such laws, without destroying their trade, on which the well being of the province depended; and requesting such relief and assistance in the premises as they, in their wisdom, should judge most expedient; as no wise doubting their ready and hearty disposition towards the general good and service of their country.”

Fruitlessly dismissed, and impertinently reconvened, as the assembly had been, within so short a time, a warm expostulation was the least that could be expected upon it; and yet the warmth they shewed was by no means equal to the pro

15 Boston having little of provision to export besides fish, which was excepted by their act; New York having a tolerable market, because the forces took off a great part of their product; and Virginia and Maryland having had their ports open all this time.

vocation they received; but on the contrary, was at once so moderated and justified, that their worst enemies could not derive the least pretence of reproach from it.

Facts were in their favor; and a mere recapitulation of them was all that was necessary to shew how unworthily they were treated; which will account for the insertion of their answer to the governor in this place at large.

'May it please the Governor,

"On the 4th of May, 1756, the legislature of New York passed an act to revive an act, more effectually to restrain the exportation of provisions and warlike stores, from that colony, to be in force for twenty-one days; and after that time, to such time as the legislature of New Jersey, and Pennsylvania, should pass acts for like purposes; provided those acts did not exceed three months from the passing of that act, which was from the 4th of May to the 4th of August next ensuing.'

'Sir Charles Hardy having recommended to our governor, that he should lay before the assembly of this province, the necessity of enacting a law of the same tenor within this government; and the house being convinced that such an act would be totally useless, unless the three lower counties of Newcastle, Kent, and Sussex, (not subject to our laws) were iucluded, passed an act on the 13th of May, of the same tenor, and nearly in the same words, with the act of New York, to be in force till the 7th of June, and from thence for so long time as the legislatures of the colony of New Jersey, and the counties of Newcastle, Kent, and Sussex, upon Delaware, should respectively pass laws for the like purposes; provided they exceed not the time limited by the law of New York government.

'On the 29th of May, the legislature of New Jersey passed an act, to be in force from the first day of June to the first of August, and from thence for so long time as the legislatures of the colonies of New York and Pennsylvania should respectively pass laws for the like purposes, provided they did not exceed three months from the said first day of August.

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