Minutes of HM Council: 11 August 1739

At a council holden at the house of His Excellency the Governor by adjournment on Satterday the 11th day of August 1739.

Present: His Excellency Alured Popple, Governor
and the same members as yesterday

This day was laid before this Board (by Mr John Esten) a bill belonging to Robert Dinwiddie Esq amounting to the sum of eight pounds seven shillings and twopence curnt money being for timber to supply the late repairs of the carriages etc at the fortifications which bill was approved of and passed by the Board.

Mr George Tucker Dty Secty was ordered to attend the house and deliver thereto the message following vizt.

"That the Board desired they would appoint a committee of their house to meet a committee of this Board to be appointed at such times as they shall joyntly agree in order to regulate and settle the Secretary Clks of the Council and Assembly in their several offices. Soon after which three members attending this Board reported thereto that their house had appointed such committee and at the same time added that their house desired that this Board would be pleased to appoint a committee of this Board to meet a committee of their house (to be appointed) at such time and place as they should joyntly conclude etc. whereupon Andrew Auchinleck, Leonard White, Samuel Burrows Esqrs were appointed a committee of this Board to assist in the regulating of the aforesaid officers in their offices.

Three members of the House attending this Board presented thereto the return of the committee that yesterday held a conference relative to the smallpox bill with a note of the House thereon. Nath Bascome, Esq his amt of the House Tax recd. of Mr Michaell Burrows with a note thereon for the concurrence of his Excellency the Govr. and Councill the Clk. of the Assembly Bill for Clkship with a note of their house for payment therefor for the concurrences of the Councill. The note on the return of the committee appointed to hold a conference about the Samll Pox Bill being not understood by this Board returned the same to the House by George Tucker Deputy Secrty. with the following message vizt. By the last paragraph of the Committee's resolutions upon teh smallpox bill the clause proposed to be inserted is left to the consideration of both Houses notwithstanding that the upper house had before agreed thereto as appears by the proposition being made by the committee of that House.

The Council therefore deisre to know the resolution of the House of Assembly whether the clause shall be inserted or not, nothing to that purpose appearing by the note of the House. The note on the aforesaid bill of Mr John Slater returned not concurred too the same being wronge.

Three members of the House now present to the President and Council the Smallpox Bill in some part amended for their concurrence.

Soon after which three members more of the House attended this Board to present thereto the above mentioned conference that was lately returned to their house with the result of their house to the same on a separate piece of paper in the words following vizt.

"Result of the conference relating to the Smallpox Bill read and debated and noted approved of and ordered to be laid before the Councill".

Put to vote whether the clause mentioned in the sd result be added to the Bill for preventing the Smallpox or not carryed a negative. Noted and passed the Assembly the tenth day of August 1739.
John Slater Clk.

Mr Speaker and Gent of the Assembly
The Councill are sorry to be obliged to acquaint the house that upon the subjects of the Small Pox bill they think their privileges struck at by the Assembly having taken upon them to make alterations therein after it was passed by them and was only before the Council without acquainting the Councill with them. The bill being at that time before the Assembly for such alterations only as were agreed upon by the committee of both houses.

The Councill willingly avoid saying how little they think a parrallell proceeding consistant with teh faith each House should for the Pub Service repose in each other but as the Councill are determined not to be drawn into giving sanction to any matter in so private a manner laid before them for that purpose they are resolved to take more time to consider both of the bill and of the treatment they have upon that account received from teh Assembly.

Signed by order of the Councill the 11th August 1739, Saml. Smith Clk of the Councill

A message to the Assembly was sent Mr George Tucker Deputy Secrety from this Board desiring their house to appoint a committee thereof to meet a committee of this Board (to be appointed) at the house of Mr John Slater in order to hold a conference relating to the bill yesterday presented to this Board for laying a tax on Negroes for which conference Saml Burrows, Nath Bascome & John Harvey Esqrs are appointed a committee of this Board who accordingly withdrew abd accordingly proceeded in such conference as follows.