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Colonial and State Records of North Carolina
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Order of the Privy Council of Great Britain concerning an act of the North Carolina General Assembly concerning a post office
Great Britain. Privy Council
May 06, 1772
Volume 09, Pages 287-288

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[B. P. R. O. No. Carolina. B. T. Vol. 17.]

At the Court of St James,
the 6th day of May 1772.
Present
The King's most Excellent Majesty in Council.

Whereas there was this Day read at the Board a Report from the Right Honourable the Lords of the Committee of Council for plantation affairs dated the fifth of this Instant in the words following vizt.

“Your Majesty having been pleased by your order in Council of the 22nd of last Month to refer unto this Committee a Representation from the Lords Commissioners for Trade and Plantations, Setting forth, ‘That they have had under their consideration an Act passed in your Majesty's province of North Carolina in January 1771 intituled

“‘An Act to encourage and support the Establishment of a post office in this Province.’

“That this Act directs ‘that every Owner or Keeper of a publick Ferry within the above province shall, without Fee or Reward, give immediate dispatch to any post-Rider or Mail Bearer in preference to any other passenger, who may be there, and about to cross the Ferry, and that for so doing every Ferryman shall be allowed double the Sum allowed by Law, for the like Service, in other Instances, to be paid by the Treasurer of the District; it likewise provides that in case of the Mails being stopped and delayed by any Accident, the person nearest resident to the place, where such accident may happen, shall upon application made for that purpose, convey the Mail to the next Stage, on delivery whereof he shall be entitled to receive from the acting Post Master General of the Province or his Deputy one shilling for every mile he may have carried the said Mail.

“That the last mentioned clause appearing to be proper for the consideration of Your Majesty's postmaster General, as affecting the authority and Revenues of that office; The said Lords Commissioners transmitted to him a Copy of the Act for his sentiments and opinion thereupon that they might thereby be enabled to take such Steps as should appear proper in respect to that Branch of Your Majesty's Service under his Direction; in consequence whereof they

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have received a Letter from Your Majesty's Postmaster General containing his observations on the said Act of Assembly and objecting to the said Clause, requiring the Deputy postmaster to pay a shilling per Mile in certain cases and submitting whether it would be proper, in a Case so circumstanced to advise Your Majesty to give your Consent to this act; The said Lords Commissioners therefore, in conformity to the opinion delivered in the said Letter, humbly propose to Your Majesty to signfy Your Royal Disallowance of this Act; but as the Encouragement held forth in the first and second Clauses may operate in aid of the particular provision, contained in the post office act of the Ninth of Queen Ann, respecting the free passing of Ferries, and as the whole seems calculated for the general purposes of Expedition and Security in the Conveyance of the Mails, the said Lords Commissioners submit whether it may not be adviseable that Your Majesty's Governor should be Instructed to recommend to the Assembly to pass another Act for the above general Uses, free from the objections stated by Your Majesty's Postmaster General in his Letter to the said Lords Commissioners.

“The Lords of the Committee in obedience to Your Majesty's said order of Reference this day took the said Representation and Act into consideration and concurring in opinion with the Lords Commissioners for Trade and Plantations do humbly Report to your Majesty that it may be adviseable for your Majesty to signify your Royal Disallowance of the said Act and to direct the said Lords Commissioner to prepare a Draught of an Additional Instruction for the Governor or Commander in Chief of North Carolina conformable to what is proposed by the said Lords Commissioners.”

His Majesty taking the said Report into consideration was pleased with the Advice of His Privy Council, to approve thereof, and accordingly to disallow the said Act; And His Majesty does hereby Order that the Lords Commissioners for Trade and Plantations do prepare the Draught of an Additional Instruction for the Governor or Commander in chief of the province of North Carolina, to recommend to the Assembly to pass another Act for the above general uses, free from the Objections stated by the said postmaster General in his Letter to the said Lords Commissioners for Trade and Plantations.

STEPH. COTTRELL.