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Whitehall

August 1: 1759

Arthur Dobbs Esqr. Governor of North Carolina.

Sir

We have received your Letter to Us dated the 18th of May last, together with the Copy of the Aid Bill, and other Papers referred to in it, and We have also received the Acts and Journals of the Council and Assembly transmitted by the same Conveyance.

We have carefully read and considered this Bill, and tho’ We cannot but approve of your having rejected it, yet it does not appear to Us to affect His Majesty's Prerogative to such an Extent as you seem to apprehend.

The appropriation by Act of Legislature of the Money granted by Parliament for a compensation to the Province, unless otherwise directed by His Majesty, is doubtless a very regular and proper method of proceeding, and the same method of appointing an Agent for the Province is equally so, being that, marked out, by His Majesty, in the Case of Jamaica, when the Mode of appointing an Agent was a Question of dispute in that Island. At the same time, We are sensible that in both these Cases it is a Governors Duty, as one branch of the Legislature, to see, that, in the Provisions of those Laws, and the mode of framing them, a proper regard is had to the form of the Constitution, and His Majesty's just Rights, and altho’, upon this way of Reasoning, We see no grounds to disapprove the Aid Bill in its abstract principle, yet We think the particular Provisions of it and the mode of framing it to be in some cases exceptionable.

The appropriating Money without a certainty that Parliament would grant it, or at least without knowing the Sum, or the manner in which His Majesty might Recommend such appropriation, was certainly irregular and premature, and We are likewise of Opinion, that, the Clauses of the general appropriation of it are too loosly worded, and give an improper Power to the Treasurer in the management and disposal of it. As to what concerns the appointment of an Agent it does not appear to Us to be otherwise exceptionable than as it ought to have been provided for by a separate Law, as being a matter, in its nature, separate and distinct from the main purpose of the Act, and that the Committee of Correspondence ought to have consisted of some Members of the Council, and not to have been entirely composed of the Members of the House of Representatives.

As to the Propriety of dissolving the Assembly, it is a matter which must be left to your own discretion, upon a consideration of a variety of Facts and Circumstances, which We cannot be fully informed of at this distance; But We do not think that the Conduct of the House of Representatives with respect to the Aid Bill, however irregular in form, has been such, as singly, without other Circumstances, render such a measure necessary; We must however again repeat, that, this is a matter, in which you must, from the nature of the Case, use your own Judgment and discretion.

The Practise which has prevail'd for so long a time in all the Colonies of appointing Publick Treasurers by Act of Legislature, and making them accountable only to the General Assembly, and, in some Cases, to one branch of it, is certainly irregular, and it is to be wished, that it had been properly checked in its infancy; but having prevailed & been acquiesced in for so long a series of Years, any attempt to set it aside, in the present Situation of Affairs, would in Our Judgment be improper; and therefore We cannot advise the repeal of the Aid Act pass'd by You in 1754, especially when We consider that a considerable part of the Taxes thereby to be raised would be lost by such repeal.

We are,

Sir,

Your most Obedt.

humble Servants,

Dunk Halifax

W. G. Hamilton

James Oswald.

Exd.