.) The opinion of the Attorney and Solicitor-General, Henley and Yorke, how far the proclamation of martial law suspends the functions of the Council. To the Right Honorable the Lords Commissioners for Trade and Plantations. May it please your Lordships; In pursuance of your Lordships' commands, signified to us by Mr. Pownall, in his letter of the 22d instant, acquainting us that your lordships had received two letters from Henry Moore Esq., Lieutenant Governor of Jamaica, informing your Lordships that he had, in consequence of advices which he had received of an intend-, ed invasion of that island, caused martial law to be proclaimed; and that His Majesty's council, upon being summoned to meet in their legislative capacity, had refused to do any business, alleging that neither they nor the assembly had any right to sit or transact business after the publication of martial law; and also transmitting to us copies of the Lieutenant-Governor's letters and two other papers, containing the reasons assigned by the council for their opinion, and their answers to seyeral questions propounded to them by the LieutenantGovernor, and desiring us to take the same into our consideration and report to your Lordships our opinion thereon we have taken the same into our consideration, and are of opinion that there is no foundation for the notion of the council that the proclaiming of martial law suspends the execution of the legislative authority which may, and ought to continue to act as long as the public exigencies require. Nor do we apprehend that by such proclamation of martial law the ordinary course of law and justice is suspended or stopped any further than is absolutely necessary to answer the then military service of the public and the exigencies of the province. Jan. 28, 1757, ROBT. HENLEY. Third. Of the Representative Assembly. (1.) The opinion of the Attorney-General Raymond, on the King's power to grant the privilege of having an Assembly, and on the right given by the King to particular districts, to choose delegates, To the Right Hon,, the Lords Commissioners for Trade and Plantations, May it please your Lordships; In humble obedience to your Lordships' commands, signified to me by Mr. Popple, by his letter dated the 14th day of June, 1722, that I should send your Lordships my opinion whether His Majesty may legally alter the present constitution of the assembly in New Jersey, in such manner as Mr. Burnett, His Majesty's Governor, there says in his letter would be for His Majesty's service, and in what manner it might be most properly done, (for which purpose, the extract of Mr. Burnett's letter and his printed speech to the assembly, in which is set out a true copy of his instruction and the printed acts of that colony, were sent to me, and are herewith sent back to your lordships), I have read over the said extract of Mr. Burnett's letter, his speech, and the act of assembly supposed to have been passed in Lord Lovelace's time, in New Jersey, page 5, entitled, "an act for regulating the qualification of representa tives, to serve in the general assembly, in the province of New Jersey ;" and considered thereof. And I certify your lordships, that as the right of sending representatives to the assembly and the qualification of the elector and elected, for any thing appearing to me, were founded originally on the instructions given by the Crown to the Governor of New Jersey, and, as is observed by Mr. Burnett, have already received alterations by different instructions given in Lord Cornbury's time, and the election, which before was left in all the freeholders of East Jersey and West Jersey, respectively, and fixed in the method now established, as those new instructions given in lord Cornbury's time made the alteration which at present is in force, I am of opinion, by the same reason, by new instructions to be given by His Majesty, His Majesty may lawfully make such establishments, as to the electing and sending representatives to the assembly, as Mr. Burnett in his letter desires; and indeed the reason used by Mr. Burnett in favor of such an alteration, seems to me to have a great weight. But if there had been any act of assembly passed and approved by His Majesty, whereby the manner of choosing representatives and the qualifications had been fixed, that would have had a different effect; but nothing of that nature appears to me, for, as to the act said to be passed by Lord Lovelace, it being an act contrary to the instructions, and never approved by the Crown, seems to me void, which Mr. Burnett has observed in his letter. Therefore, upon the whole matter, I apprehend His Majesty may in point of law comply with Mr. Burnett's request, in empowering the new county of Hunterton to send two representatives, and restrain the town of Salem from sending any represen tatives for the future, if it shall be his royal pleasure so to do; and the manner whereby it may be done, I conceive, may be by His Majesty sending his Governor there new instructions for that purpose. ROB. RAYMOND. Sept. 16, 1723. (2.) The opinion of the Attorney and Solicitor-General, Ryder and Murray, upon the issuing of writs for choosing new representatives. To the Right Honorable the Lords Commissioners of Trade and Plantations. May it please your Lordships; In pursuance of your Lordships' desire, signified to us by Mr. Hill, in his letter of the 10th of June' instant, representing that your Lordships having lately received a letter from William Popple Esq. His Majesty's Governor of the Bermuda Islands, dated the 16th of February last, relating, among other things, to having, upon the assembly's neglecting to meet at a certain time, to which they were adjourned, issued writs for the electing new representatives, without the dissolution of the assembly; and transmitting an extract of so much of the said letter, and copies of such papers therewith transmitted, as relate to this proceeding; and desiring our opinion, whether the said governor, when the speaker and all the members of the assembly neglected to meet at the time to which they were adjourned, on the 5th day of February, in the morning, could legally issue writs for choosing new representatives, without dissolving that assembly; and, whether the representatives, chose by virtue of such writs, issued as aforesaid by the Governor without a dissolution of the assembly, will constitute a legal assembly, so as to make the proceedings of such assembly valid we have taken the said papers into consideration, and are of opinion, that neither the assembly was dissolved, nor did the members lose their seats by their not meeting at twelve o'clock on the 5th of February, 1747-8, and that there was no ground for the hasty step taken in issuing new writs for supplying their places and, as the writs were issued, not upon the foot of any supposed dissolution, but to supply vacancies that had not happened, we are of opinion, the members so returned on those writs were unduly chosen, and cannot constitute or sit as a legal assembly. June 18, 1748. D. RYDER. W. MURRAY. (3.) The opinion of the same lawyers, on the right of the Crown to enable particular towns to send delegates to the Assembly. To the Right Honorable the Lords Commissioners for Trade and Plantations. May it please your Lordships; In pursuance to your Lordships' desire, signified to us by Mr. Hill, in his letter of the 22d of January, 1746-7, representing that your Lordships having received a letter from Benning Wentworth, Esq., His Majesty's Governor of New Hampshire, in which he acquaints your Lordships that the assembly of that province have refused to admit the representatives of five towns and districts, (to which he had issued writs in His Majesty's name, to elect and send members to the assembly,) to sit and vote in the choice of a speaker, and that Mr. Hill |