your Lordships will not think it proper to be passed

into law.

As to the several Acts following, viz: "A supplemental Act to the Act to enable and empower the Treasurer, to pay unto Dr. Home, the arrears due him, on account of the French prisoners, during the late war;" "An Act for enlarging the time for sale of effects attached for parish dues in arrear;" "An Act to empower the Treasurer to defray the expenses of the late Grand Sessions, held for the body of the Island, the 9th, 10th, 11th and 12th of December, 1718;" "An Act for abrogating the oath appointed by an Act of this Island, to be taken by Attornies employed to draw up special verdicts, and appointing another oath instead thereof;" "An Act for the encouragement of William Masset in his new projection of making worms and altering stillheads, for the better improvement of distillation:" I have no objection to their being passed into law.

June 18, 1720.

RICH. WEST.

(4.) The opinion of the Attorney and Solicitor-Genral, Ryder and Murray, on the King's right of establishing a Government in Georgia, upon the surrender of the Trustees.

To the Right Honorable the Lords Commissioners for Trade and Plantations.

May it please your Lordships;

In pursuance of your Lordships' desire, signified to us in Mr. Hill's letter of the 17th inst., setting forth that the Lords of the Committee of Council for Plantation affairs, had referred to your Lordships, a memorial of the

Trustees for establishing the Colony of Georgia, with directions to propose a draft of what your Lordships should think most advisable to be done, in order to obviate the difficulties therein suggested, a copy of which memorial your Lordships had directed to be enclosed, for our opinion, in what manner the present magistrates and other officers, appointed by the Trustees, for the administration of justice and execution of government, can, upon the surrender of the Charter, be empowered to act in their respective employments, till a new administration of government shall be settled. We have taken the said memorial into consideration, and are of opinion, that if the surrender of the Charter, by the Trustees, cannot be postponed, and the present government there kept up till a new method of admininistering the new governmet can be settled, (which seems most advisable,) the proper way for authorising the present magistrates and officers, to continue in the exercise of their respective offices in the mean time, will be, for His Majesty to issue a proclamation for that purpose, under the Great Seal of Great Britain, to be published in Georgia.

February 25, 1752.

D. RYDER. W. MURRAY.

(5.) Mr. Fane's opinion, on the King's power of calling an Assembly, in New York.

To the Right Honorable the Lords Commissioners for Trade and Plantations.

My Lords;

In obedience to your Lordships' commands, signified to me by Mr. Hill, I have considered an Act, passed in New York, entitled, "An Act for the frequent elections

of representatives, to serve in General Assembly, and for the frequent calling and meeting of the General Assembly, so elected;" which enacts, that the General Assembly of this colony shall be held once a year, at least, at New York, unless the Governor, with the advice of a majority of the Council, (which is to consist of five,) shall, under the seal of the colony, appoint another place. It further enacts, that in six months after the dissolution or determination of every Assembly, new writs are to be issued, for electing a new Assembly, which is to be held once a year; and every future Assembly is to have continuance for three years only, to be accounted from the day of their meeting; and there is a clause to determine the present Assembly on the 15th June 1739, unless the Governor, for the time being, shall dissolve it sooner. I beg leave to observe to your Lordships, that I think this Act is a very high infringement upon the prerogative of the Crown; for it takes away that undoubted right, which the Crown has always exercised, of calling and continuing the Assembly of the colony, at such times and as long as it was thought necessary for the public service, and, therefore, when such a material innovation is attempted, there ought to be some very strong and cogent reasons to induce your Lordships to consent to it. For my part, I have heard none, and therefore am humbly of opinion, that it ought to be repealed.

July 20th, 1738.

FRAN: FANE.

(6.) The opinion of Chief-Justice Morris, in New Jersey, on the King's power of mercy.

The Act of general pardon, now under our considera

tion, I think, consists of two parts; the one is to pardon all those persons, who have been concerned in or are guilty of any of the late riots or insurrections in this Province; the other is, to stop and suspend all process and proceeding against those persons who are already indicted for high treason, or such as may hereafter be accused of that crime, until and to the intent His Majesty's pleasure may be known.

I look upon this to be a matter of very great importance, perhaps the greatest that ever yet was under the consideration of the Council of New Jersey, and, therefore, wish that things had been so managed as to have brought this affair before us earlier in the sessions, that we might have had the greater time to weigh and consider what was proper to be done; however, I shall deliver my opinion and advice upon the matter, in as clear a manner as the shortness of the time, and my abilities will permit.

I am clearly of opinion, that by His Majesty's commission to His Excellency, under the Great Seal of Great Britain, His Excellency has full power and authority to extend His Majesty's mercy, by a general pardon, to all those that have been concerned in the late riots and insurrections within this colony; provided, the crimes of which they stand accused, do not amount to high treason or murder; these being the only crimes excepted in that clause of the royal commission which gives power to extend His Majesty's mercy.

But I do not think it, by any means, prudent or advisable, in His Excellency, to use the powers so given, in the manner proposed by the general pardon before us, till the Legislature now sitting have made provision effectually to strengthen the hands of His Majesty's gov

ernment, so as to enable them to protect the persons and estates of the people of the Province, and to carry into execution the laws of the land. When that is

done, in a manner satisfactory to the government, then, and not before, I humbly conceive it will be prudent and advisable in His Excellency, to grant and extend His Majesty's gracious mercy to the persons concerned in the said late riots, which will then, in my opinion, tend very much to restoring the peace of the Province, as most of the persons concerned are an ignorant people, encouraged and set on by some artful and designing

men.

The

As to the second part of the Act of general pardon, I must declare it as my judgment and opinion, that, neither by His Majesty's commission, nor by the article of the royal instructions now communicated, has His Excellency any power or authority to suspend the process, or stop the proceedings in cases of high treason. powers of pardoning given by the commission, are full as to all crimes but treason and murder, which being expressly reserved and excepted, no construction, in my opinion, can possibly extend the words so as to give power to suspend or stop the proceedings in those cases, which will, in effect, be pardoning, as the parties are (and it is intended shall remain,) at full liberty, and may remove themselves, and their effects to another part of the world, long before His Majesty's pleasure can be known.

As to the construction now communicated, it is certainly a very good one, and, among many others, shews His Majesty's great care and paternal affection for these, his remote dominions; but I think there is nothing contained in it, that can be construed to give a power to do what is now proposed.