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Trott's and the Majority of the Council's Opinion, That the Defection was too general to use any other Means than mild Expostulations, the People being all engaged in their Interest; but if those should fail, they might then be Dissolv'd, which would make them disperse, and so put an End to the Dispute for the present; but this, it was thought, might have its ill Consequences, and therefore was the last Method to be try'd: For how should they raise Money to fortify and secure themselves from the Spaniards, who they expected every Day to attack them ? The Lords Proprietors had again Repeal'd the Duty Law, so that many People refus'd to pay any Duties; and this was the only Fund they had to Repair their works. eredis M lo mám - The Result of these Debates, was, a Message, That the Governor and Council desir'd a Conference with them. To which they answer'd, That they would not receive any Message or Paper from the Governor, in Conjunction with those Gentlemen he call'd his Council; and this constrain’d Mr. Johnson to send for them in his own Name, when he made them the following Speech :15Os yü band 916979iled 9 2199 due as
-Guoglio viilspel sds lo dul 9191119 W. vlbud A TT THEN I sent for you the other Day, I intended to do M V have desir'd you to have chosen your Speaker, to
VV be presented to me as usual, and then I did propose 65 to have spoke to you in the following Manner : 1913 90 of YIBUTIO3 Vacataza brs 2010 UGE 525518 los 106 Your being met together at a Time when there was never “ more Occasion for a ready Dispatch of Publick Business, “ and a good Harmony betwixt the Upper and Lower House ; “I must recommend that to you, and nothing will be want“ing on my Part to promote a good Understanding betwixt the « Lords Proprietors and the People, at present (to my great « Affliction) I fear too much interrupted : I must therefore in the “ first Place, recommend to you, That you will, without Delay, " or other Matter intervening, fall upon proper Methods for rais* ing Money for finishing the Repairs of the Fortifications, and 6 providing Stores of War, which are much wanted. The In“ telligence which I have of the Designs of our Enemies, which “ makes this Work so necessary, shall be laid before you. "
"I am sorry the Lords Proprietors have been induced (by * a Necessity, to Defend and Support their just Prerogatives) at * this Juncture to disannul some of your Laws; if they had not $6 thought the letting those Acts subsist, might have render'd 5 their Right of Repeal precarious, they would have suffer'd " them still to continue. I hope from you therefore a Respect"ful Behaviour towards them, that we may not feel any more
“ their Displeasure in so sensible a Manner, as the Loss (in this • Time of Need) of our Duty Law, and which has also occa“ sion’d an Injunction to Me and the Council, from acting with “ any Assembly who shall dispute their Lordships undoubted “ Right of Repealing Laws, and Appointing Officers Civil and Military.
ar “ I find some are Jealous and uneasy on Account of Ru" mours spread, That you design to alter the Tax Act, for sinking “ your Paper Currency. Publick Credit ought to be Sacred, " and it is a standing Maxim, That no State can subsist longer " than their Credit is maintain'd: I hope therefore you have no “ such Intentions, which would put me under a Necessity of « doing what I have never yet done; I mean, disagreeing with " you. 10* I expect therefore you will make good what the Publick is « answerable for, and proceed to such farther Methods for paying « our Debts, as shall be both Honourable and Proper, and best “ adapted to our Circumstances. bta The Alarm from the Southward, about five Months since, « obliged me to be in a Posture of Defence, and occasion'd some “ Charges, the Accounts of which shall be laid before you; and “ I desire you will provide for the Discharge of them: I think “ also the Militia Acts want some Amendments, and that you ~ should contrive to keep a good Watch in Charles Town.
« This is what I intended to have recommended to you: but “ Mr. Middleton's telling me, in the Name of the rest, that you « would not Act with, and your surprising Message since, that " you will not receive any thing from me, in Conjunction with “ my Council, has made it necessary for me to take this Occa"sion of talking with that Plainness and Freedom so Extraor« dinary a Proceeding of yours requires. And First, I must “ take Notice of your Message, wherein you say, you own me « as Governor, because I am approv'd of by the King; but that “ you disown the Council to be a Legal one, nor will act with " them on any account whatsoever; and this is subscrib'd by all s your Members: but upon Examining, I find it to be pretty - Dark and Evasive, and seems, as you would avoid expressing " in plain Terms, what I have too much Cause to fear is your “ Design, I mean, to Renounce all Obedience to the Lords « Proprietors: And this I cannot but think you propose from “ all your Words and Actions. You say, you acknowledge me, “ because I am approv'd of by the King; but you take no Notice “ of my Commission from the Proprietors, which is what makes « me Governor. The Confirmation of the King, only signifies "his Majesty's Approbation of the Person the Lords Proprie
“ tors have Constituted; but it is my Commission and Instruc“ tion from them, that not only grants, but limits my Power, and "contains the Rules by which I must Act, and are to warrant “ and vouch my Actions; therefore to avoid declaring in ex“press Terms, your renouncing the Lords Power, and at the " same time doing it in effect, is to create perpetual Doubts and “ Disputes, and is not acting with that Sincerity and Plainness " which ought to be used in all Publick Debates, and especial“ ly in Matters of so great Concern as this is, and upon which “ so great Consequences depend.
" I do Require and Demand of you therefore, and expect you “ Answer me in plain and positive Terms, Whether you own the “ Authority of the Lords Proprietors as Lords of this Province, “ and having Authority to Administer or Authorise others to “ Administer the Government thereof; saving the Allegiance of “ Them and the People to His Most Sacred Majesty King “ GEORGE ? Or, Whether you absolutely renounce all Obedi“ence to Them, and Those Commission'd and Authoris'd by “ Them? Or, Whether you admit their General power, and “ only dispute that particular Branch of their Authority, in “ Constituting a Council after the Manner They have now 6: done? If you deny their General Power and Authority in “ this Province, and say, that their Lordships have forfeited “ their Charter, as Mr. Berrisford Asserted, and you all Ac“ quiesc'd in ; Then I demand of you, that you signify wherein “ the Lords have forfeited their Charter, and what particular “ Branch thereof they have broken : And I demand of you, “ That supposing (not granting) they have made a forfeiture of
their Charter ; by what Power do you presume to renounce
their Authority, and to Model a Government out of your “own Heads, before such time as that, by a Court having Law* ful Jurisdiction of the same, it shall be Adjudg'd that the Lords “ have made a Forfeiture of their Charter, and that the Powers “ granted them are Null and Void ? If the King is of Opinion, “ that any Corporation or Society have made a Forfeiture of “ the Rights and Powers granted by their Charter, altho' His “ Majesty may have the Advice of his Attorney and Solicitor “ General, and his Judges and Councel Learned in the Law, " that such a Forfeiture has been made ; and this He may more “ reasonably depend on, than any Advice or Assurance you “ can have yet notwithstanding this, and His Supreme Autho“ rity as King, He never Dispossess'd the Persons of the Pow“ ers Granted them, before a Quo Warranto or some other Pro“cess had been brought, and Judgment obtain'd against the “ same. And if the King doth not assume such a Power, by: “ what Authority do you assume it?
“ I desire you further to consider the Consequence that attends « that Assertion, Of the Charter being forfeited, before Judg. « ment is given upon the same. For if it be so, then the For“ feiture must be from the time that the Fact was committed " that caused the Forfeiture; and then you must remember, that “ by the Charter, the Lords have granted to them, not only “ the Power of ordering the Government, but also the Lands are “ granted to them by the said Charter; so that if there is a For“ feiture of the Rights and Prerogatives of the Government, there " is also a Forfeiture of their Rights to the Lands; and so all “ Grants made by their Authority of any Lands, since the Fact “ committed that caused the Forfeiture, according to your own “ Doctrine and Assertion, must be Null and Void: And there“ fore, how many Persons Titles to their Lands will become “ Void, I leave you to consider; and tho', it may be, you will “ assign some new late Fact, that you say will cause such “ a Forfeiture, by which you may think to avoid the ill Con“ sequences that attends the Titles to the Lands; yet know, " that the Facts that you assign, may not be the only ones " that may be thought to have made the Forfeiture of their “ Charter. And if your present Assertion is true, that they may “ be Dispossess'd before a Judgment; it may be other persons “ may assign other Causes of the Forfeiture, beside those which “ you assign, which may have been committed many Years ago : “ For you cannot but know there have been Persons in the « Province, that for several Years past have publickly asserted, " that the Lords have done Facts, for which their Charter was “ become forfeited. Which if so I leave you to consider what
a Gate you will leave open to call in question, nay, utterly “ destroy several Hundreds of Peoples Titles to their Lands. “ And tho' you have most unjustly and untruly suggested to “ the People, to create a Prejudice in them to the Lords Pro“ prietors, that their Lordships design'd to dispute their Titles " to their Lands; yet, by this Assertion and Practice, you are “ the Persons that will not only call in question, but effectually “ destroy their Titles.
" And if you persist in disowning the Council as now autho“ riz’d, then I desire you further to consider, in what Capacity • I can act with you, and to what Purpose you pretend to sit of and transact the Publick Business of the Province. You “ know very well I am not able to join with you in Passing any “ Law without the Consent of my Council; and surely you can“ not pretend to pass Laws without me: And what an absolute “ Occasion there is now to pass some Laws, that the Province “ may be put in a Posture of Defence, and the contingent “Charges thereof defray'd, I leave you seriously to consider,