Minutes of HM Council: 9 August 1739

At a council holden at the house of His Excellency the Governor by adjournment on Thursday the 9th day of August 1739.

Present: His Excellency Alured Popple, Governor
and the same Cl. members as yesterday except Col. John Butterfield

The Committee appointed for auditing the publick accounts of the Honourable Nath. Butterfield Esq. Therefore returned the same to this board audited according;ly. Whereupon the said Treasurer was sworn to the said accounts and he accordingly discharged thereof.

Three members of the House of Assembly attending this board proposed thereto a bill intituled "An Act to lessen the publick charges of these Islands" for the concurrence of his Excellency the Governor and Council which his Excellency considering to be wrong ordered it to be lodged in the hands of the Clk. till the afternoon. This day was a return made to His EXcellency the Governor of the Committee yesterday appointed for viewing and inspecting the repairs etc. of Smith's Fort.

Adjourn'd to the afternoon

Eodem Die. In the afternoon the same as in the forenoon.

Three members of the House attending this Board present thereto a bill intituled "An Act for removing an Act to prevent any person or persons allowing or encouraging any Negros or other slaves from rioting and meeting at unseasonable times in his or their houses and plantations" for the concurrence of the Council.

His Excellency returned to the House of Assembly the Act in the forenoon presented for the concurrence of his Excellency the Govr and Council that the sending any Act from the House of Assembly to the Governor and Council for concurrence seems excluding the Governor from being one of the three parts of the Legislature. The Governor desires all acts prepared either by the Council or the house of Assembly may first be submitted to the judgement of the other houses before such Act is laid before him for concurrence.

The return of the Committee yesterday appointed for inspection and viewing the report etc. of Smiths Fort to his Excellency the Govr. was approved of by the Council this day. His Excellency proposes about the Secretary's Clks. of the Council and Assembly's giving security for their presence and keeping safe the records etc. committed or to be committed to their care approved of by the Council this day likewise, as also one other message from His Excellency in the words following. "That in persuance of their request the Govr. has sent a Warn't into the Country to take up Phillip a Negro man of Mr Horton's and that the said Negro was now prisoner in the gaol in this town".

The bills intituled an act for rendering an act intituled an Act to prevent any person or persons allowing and encouraging any Negro or other slaves from rioting etc. lately presented to the Council for concurrence returned to the house George Tucker Deputy Secretary by order of the Council for the following amendments.

The Council propose that the "and is now almost expired" may be inserted in the room of that underlined in the third line and that the words "Renewed" and in the fifth line; "Original and renewed " and in the tenth line may be entirely left out the word "Original" being unnecessary and the word "renewed" implying that the Act is expired which is contrary to the former assertion (vizt) that this Act is only expiring.

Three members of the house attending this Board delivered to His Excellency in Council the message for allowing "That the Huse returned his Excellency thanks for his care in securing the negro man Phillip to be so speedily taken and secured in gaol in order to be brot to speedy justice and that their House had concluded to alter their method of addressing the Board for concurrence to any matters done in their house for the future and at the same time presented the bill lately returned for amendment according to His Excellency's time message for the concurrence of Council."

Soon after three members more from the House attended this Board and presented thereto the Act intituled "an Act to lesson the Publick charges of these Islands" amended in the address thereof for the concurrence of the Council which act was again returned to the House by order of the Council with a message for the amendment thereof in the words following vizt, the Council are of the opinion that the Act for payment of the Assembly at all future and succeeding sessions thereof (fol. 3) should be repealed by the Act now passed by the house of Assembly and , that after the word Session in the eighteenth line, the words "As the legislature of these Islands" should be added and at the same time it was ordered that George Tucker likewise acquaint the House that an Act for prolonging an Act intituled "An Act to prevent any person or persons allowing and encouraging any negros or other slaves from rioting and meeting at any unseasonable times in his or their houses and plantations" lately returned (amended) by three members of the house to this board for concurrences... concurr'd to by the Council and now lies with his Excellency the Govr. for his approbation.

The three above mentioned members of the house, did at the time of returning the last above mentioned Act likewise return the return that was made to his Excellency the Governor of the repairs etc of Smiths Fort concurr'd to by their house.

Adjourned to tomorrow morning.