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CHAP. II.

From ed:- An act declaring slaves to be personal estate, and for other purposes therein mentioned.*

tion 1752.]

W

HEREAS one act of Assembly was made in

the fourth year of the late queen Anne, intitu

*This act, together with nine others, which were Representation against passed among the revised laws, in 1748, was repealed the repeal of by the king's proclamation of the 31st of October, 1751. certain laws. The repeal of those acts not having been communica

ted to the General Assembly until the 8th of April, See the 1752, (See M. S. Journal of Council, pa. 69.) they were proclamation printed, as enacted in the edition of 1752, and a list of The prin at the end of them published at the end of that edition.

this volume, P. 559.

ting of the revised laws of 1748, had probably too far
progressed before a notification of the repeal of these
ten acts was received, to make it practicable to omit
them, in their proper places.

In a manuscript journal of the Council which has
been preserved, the proceedings of the governor and
council in their legislative capacity, and of the house
of burgesses, on this interesting subject, together with
a representation to the king, by a joint committee of
the council and burgesses, are given at large.-As ̊this
document exhibits, in very strong terms the feelings of
the legislature, on receiving information of the repeal
of these laws, and their views of the king's preroga
tive, in relation to that point, as well as the reasons
which induced the passing of them, it is deemed impor-
tant to insert it in this place.

Wednesday April 15th, 1752.

The committee reported that they, in conjunction with those appointed by the house of burgesses, had drawn up an address and representation to his majesty, which were read and agreed to, and are as follow: To the King's most excellent majesty.

The humble address and representation of the council, and burgesses, of this your majesty's antient colony, and dominion of Virginia, now met in general as sembly,

Sheweth,

That pursuant to the constitution of this colony, as established by your majesty's royal predeces

d.

led, An act declaring the negro, mulatto, and indian Ch. 23, 1705. slaves, within this dominion to the real estate, which was afterwards explained by one other act passed in

sors, your majesty was graciously pleased by your Representacommission under your great seal, appointing the righ: tion against honorable William Ann Earl of Albemarle to be your certain laws. the repeal of lieutenant and governor general of this your colony and dominion of Virginia, "To give and grant unto him the said William Ann Earl of Albemarle full pow er and authority with the advice and consent of the council, from time to time as need shall require, to summon and call General Assemblies of the freeholders and planters within this said government, accor ding to the usage of the colony and dominion of Virginia, and to declare your royal will and pleasure that the persons thereupon duly elected by the major part of the freeholders of the respective counties and places, and so returned, shall before their sitting take the oaths mentioned in the act intituled An act for the further security of his majesty's person and government and the succession of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales and his open and secret abettors, as also make and subscribe the Declaration." "And also to give power and authority to the said William Earl of Albemarle with the consent of the Council and Assembly, or the major part of them respectively, to make, constitute and ordain Statutes and Ordinances for the public peace, welfare and good government of the said colony, and the people and inhabitants thereof; and such others as shall thereto resort, and for the benefit of your majesty, your heirs and successors, which said laws, statutes and ordinances are not to be repugnant to, but as near as may be agreeable to the laws and statutes of the kingdom of Great Britain: Provided that all such laws, statutes and ordinances, of what nature or duration soever, be within three months or sooner after the making thereof transmitted unto your majesty under your seal of Virginia, for your majesty's approbation or disallowance of the same, as also duplicates thereof by the next conveyance, and in case any or all of the said laws, statutes and ordinances not before conG 3-Vol. 5.

the first year of his present majesty's reign, intituled, Ch. 11. 1727. and act to explain and amend the act, for declaring the negro, mulatto, and indian slaves within this domini

Representa- firmed by your majesty, shall at any time be disallowtion against ed and not approved, and so signified by your majesty the repeal of your heirs or successors under your or their Sign Ma certain laws, nual and Signet, or by order of your privy council, un

to him the said William Ann Earl of Albemarle, or to the commander in chief of the said colony for the time being, then such and so many of the said laws, statutes and ordinances as shall be disallowed and not approv ed, shall from thenceforth cease, determine and become utterly void and of none effect."

And whereas the lieutenant governor, council and burgesses of this your majesty's colony, taking into consideration that many of the laws and statutes had of late years been either intirely or in part repealed, and others of them expired, altered, amended or explained, from whence great mistakes and inconveniences had arisen, for preventing whereof for the future, a committee of the council and Assembly of this colony was appointed to revise, alter, or amend all or any of the said laws and statutes, and reduce the same into bills, to be reported to the next meeting of the General Assembly, which service was performed by virtue of the power so given to the said committee.

That the said laws so revised, alter'd or amended, or so many of them as were approved and enacted by the lieutenant governor, council and burgesses, were, pursuant to your majesty's instructions and royal command to your governor, transmitted for your majesty's approbation or disallowance of the same. Ten of which laws your majesty was pleased, by your order in your privy council under your Sign Manual, bearing date at St. James's, October 31, 1751, to repeal and declare void and of none effect.

And whereas your majesty has been pleased by your royal instruction to your governor or commander in chief to direct that no law shall be reenacted in this colony to which the or your sent of your majesty royal predecessor háth once been refused, without express leave for that purpose first obtained, upon a full representation to your majesty, and to your commis sioners for trade and plantations, of the reason and

on, to be real estate, and part of one other act, intituled, Ch. 33, 1705. an act for the distribution of intestate estates, declaring widows rights to their deceased husbands estates,

necessity for passing such law." We, therefore, ma- Representa turely deliberating thereon, and conceiving some of the tion against said repealed laws to be of great utility and well cal. the repeal of culated to promote the public peace, welfare and good certain laws government of this colony, and not repugnant to the laws and statutes of Great-Britain, do in all humility, beg leave, pursuant to your majesty's last mentioned instruction, to represent to your majesty the reasons and necessity upon which they were passed; which reasons are transmitted with this our humble address and representation. And we intreat your majesty, that, having taken the same into your royal consideration, you will be graciously pleased to grant your permission, that the same or so many of the said repealed laws, as to your majesty, in your great wisdom, shall seem expedient, may be reenacted, and that you will give instructions to your governor or commander in chief, for the time being, accordingly.

That, as we conceive, according to the antient constitution and usage of this colony, all laws enacted here for the public peace, welfare and good government thereof, and not repugnant to the laws and statutes of Great Britain, have always been taken and held to be in full force, until your majesty's disallowance thereof is notified here, and that the same may be revised, alter'd and amended, from time to time, as our exigencies may require. But that when a law enacted here hath once received your majesty's approbation, and hath been confirmed, finally enacted, and ratified, the same cannot by the legislature here be revised, altered or amended, without a clause therein to suspend the execution thereof 'til your majesty's pleasure shall be known therein, even tho' our necessities for an immediate revisal, alteration or amendment, be ever so pressing.

We cannot, therefore, but express our deep concern at your majesty's having in such solemn manner confirmed and ratified fifty seven of the 'forementioned revised acts, that we apprehend we have not full power now to revise alter or amend the same, without such suspending clause, which if understood in a strict

436

tion against

and for securing orphans estates; which acts having been found inconvenient, and not to answer the ends thereby intended.

Representa- sense, will subject us to great hardships and inconve the repeal of niences, since it is not within the reach of human foreCertain laws. sight to form any laws but what may, from experience, be found to want necessary and sometimes speedy amendments.

Wherefore we pray your majesty will be graciously pleased to take this our unhappy case into your serious consideration, and that you will signify to your lieutenant governor that it was not your royal intention to fix those confirmed laws so unalterably upon us, but that the same may be altered or amended from time to time as the circumstances of this country may require, for the public peace, welfare and good government thereof, and provided the same shall not be repugnant to the laws and statutes of Great-Britain; always having a due regard not to enact any laws to take effect immediately that your majesty hath instructed your governor or commander in chief not to pass without a suspending clause 'till your royal assent may be had thereto.

Our gratitude will not suffer us to conclude this our humble address and representation, without acknowledging a just sense of your majesty's wisdom in repealing certain of our revised laws, which upon our further consideration, occasioned by your majesty's order in council aforesaid, we are convinced were, by some omissions, not fitly framed, fully to answer the purposes for which they were intended.

And we pray that the same Divine Providence which hath hitherto continued your majesty a blessing to all your good subjects, may preserve your majesty in the peaceable enjoyment of your Throne to a fullness of days; when you may willingly resign the same to your illustrious offspring, to whom the same duty, loyalty, and obedience, will ever be paid by your faithful people of Virginia.

An Act for allowing Fairs to be kept in the town of
Suffolk and preventing Hogs and Goats going at
large therein, and for altering the times of holding
Fairs in the town of Newcastle.