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Order of the Privy Council of Great Britain concerning the appointment of John Stuart as Councilor Extraordinary of the Governor's Councils in the southern colonies
Great Britain. Privy Council
January 05, 1770
Volume 11, Pages 230-231

[B. P. R. O. America and West Indies. Vol: 108. p. 139.]

At the Court at St James's the 5th day of January 1770.
Present.
The King's most Excellent Majesty in Council.

Whereas there was this day read at the Board a Representation from the Lords Commissioners for Trade and Plantations dated the 22nd of last month in the words following vizt

“In obedience to your Majesty's commands signified to us by the Earl of Hillsborough one of your Majesty's principal secretaries of

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State We have taken into our consideration a letter to his Lordship from John Stuart Esqre your Majesty's Superintendant of Indian Affairs in the Southern Department of North America dated the 30th July 1769. stating the expediency of appointing the said Superintendant an extra Member of the several Councils in the district for which he acts which as he conceives will be very useful and advantageous for your Majesty's service Whereupon we humbly beg leave to represent to your Majesty

“That the reasons urged for the proposed appointment appear to us to be well founded inasmuch as he will thereby be the better enabled to confer and consult upon many matters with the Governors of your Majesty's Provinces and their Councils agreeable to your Majesty's Instructions as likewise to assist with his advice in framing any provincial Law or regulation respecting the local and imediate concerns of any particular province with the Indian Nations for the reasons therefore We humbly recommend to your Majesty to appoint the said Mr Stuart a Councillor extraordinary for the several Provinces within his Department during the continuance of his Superintendancy agreable to the proposal contained in his letter, but we would humbly submit to your Majesty whether he should not be restrained from acting in a judicial capacity in any cases of civil property which may be brought before your Majesty's Councils of those Provinces as Courts of Justice or Equity as likewise from taking upon him the administration of the Government in cases of vacancy when the same is to devolve upon the Councillor next in Seniority.—

His Majesty taking the said Representation into His Royal Consideration is pleased with the advice of His Privy Council to approve thereof and to order as it is hereby ordered that the said John Stuart Esqre be appointed a Councillor extraordinary for the several Provinces within his department during the continuance of his superintendancy but that he be restrained from acting in a judicial capacity in any cases of civil property which may be brought before His Majesty's Councils of those Provinces as Courts of Justice as likewise from taking upon him the administration of Government in cases of vacancy when the same is to devolve upon the Councillor next in Seniority And the Right Honorable the Earl of Hillsborough one of His Majesty's principal secretaries of State is to cause a warrant to be prepared for that purpose and lay the same before His Majesty for His Royal Signature.

STEPH: COTTRELL.